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Mother’s Rights

A Mother’s Role in Custody Cases

Men and women often have unique challenges in divorce and parenting cases. Mothers and fathers have the same rights as it relates to divorce and custody in the state of Colorado. Because of this, many attorneys who represent fathers assume that equal parenting time is in the best interests of the children, even when those fathers barely spent any time raising them. Although each case is different, there are innumerable reasons why a court may not award equal parenting time.

While 50-50 custody arrangements are becoming more regular, even in cases where the husbands have been little more than “weekend fathers,” that does not mean that 50-50 is what the court is required to award. The court is required to apply the standard of “best interests of the child” when making a custody determination. It is crucial to hire a lawyer who knows how to handle custody cases and conclusively demonstrate why your proposed schedule is best for your children.

There can often be an imbalance of power for stay at home mothers and can bring uncertainty of financial information and not knowing where to begin or what to ask for during the divorce process. Even in cases where both parties are equal contributors, or when the woman is the primary breadwinner, there can be threats made by the husband regarding settlement that can create issues if you are not ready for them or know your rights.

One concern that women have in their divorce case is when their spouse does not communicate about the children. Many modern tools are now available to help parties co-parent their children efficiently and effectively. It would be best if you considered these tools when compiling a parenting plan or submitting a proposal.

What Mothers Need to Know About “Mother’s Rights”

Colorado custody law used to include a section referred to as the Tender Years Doctrine. This stated that mothers of young children or children in their “tender years” should be awarded custody automatically. This is no longer the case, and children are instead allocated to whichever parent is most fit. While the biological mother of a young child may very likely be the best person to provide care for the child, this is not a given. The court will determine who is awarded custody, and all parties need to prove their merits.

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