Many people believe that family courts automatically favor mothers in custody decisions. This is rarely the case.
In the past, courts often awarded custody to mothers based on the “tender years” doctrine. This outdated belief assumed that young children needed their mothers more than their fathers. Today, most states, including Colorado, have moved away from this approach.
The focus is on the best interests of the child
In most cases, the law favors no gender in custody decisions. In fact, courts look at various factors, such as:
- The bond between each parent and the child
- The child’s adaptation to home, school and community environments
- The mental and physical well-being of every party involved
- The capability of each parent to foster a relationship between the child and the other parent
- Any past incidents of domestic violence or child abuse
Colorado family courts have shifted away from using the term “custody.” Instead, they determine “parental responsibilities,” which include decision-making and parenting time. Both mothers and fathers usually have equal rights and fair chance to seek parental responsibilities.
Despite these legal changes, some still believe mothers have an advantage in custody cases. This perception might stem from statistics showing fewer custodial fathers than non-custodial ones. These statistics typically only tell part of the story.
When fathers do pursue custody, they often have a fair chance of obtaining it. The court’s primary concern is the child’s well-being, not the parent’s gender.
Every family situation is different
Historical biases may persist in some areas. Still, family courts today strive for fairness and focus on what will work best for the child. That said, seeking the help of an attorney who can advocate for your interests and those of your children can be necessary.