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How Fathers Can Win a Custody Case

Updated: 05/04/2023

Est. Reading: 5 minutes

Fighting for parental rights may seem like an uphill battle, it may be relieving to know that you have the same rights to custody as the mother of your child. Furthermore, Colorado courts will often grant joint or primary custody to fathers who show that they are dedicated and involved.

If you are in a child custody dispute, you can increase your chances of winning a joint or sole custody case by making use of 'best interest' factors, proving that you are an active parent, presenting a truthful assessment of your finances, and providing evidence that your home is a safe and supportive environment.

If you're looking for an experienced custody lawyer in Colorado Springs to help you with your legal issues, don't hesitate.

Contact The Law Office of Jeanne M. Wilson & Associates today at (719) 625-8886 to review your case.

Visiting Rights For Fathers in Colorado

Even if you do not have joint custody of your children, as a Colorado father, you have the right to visit your children. The court will consider the best interests of the child when deciding visitation rights. Factors such as the age of the child, the relationship between the father and child, the father's ability to provide a safe and stable home environment, and the father's involvement in the child's life will all be taken into consideration.

In the state of Colorado, fathers have the same rights to see their children as mothers do, unless a court of law explicitly states otherwise in your specific case. You can spend time with your children as per the scheduled parenting plan.

Using the “Best Interest” Factors to Your Advantage

When it comes to winning primary custody, fathers need to be aware of the “best interests” factors that are used by courts when determining child custody. When making decisions concerning the best interests of a child, a family court judge typically examines factors such as the age of the child, evidence of the parent's competence, stability of the child's current routine, the potential disruption that might be caused by changing the child's routine, and confirming that the environment is safe.

A vital element is the connection between you and the child. Presenting evidence of your dedication to providing attentive and loving care for your child will demonstrate to the judge that you have your child's best interests in mind.

a father spending time with his son during his custody time

You can demonstrate your parenting dedication by enrolling your child in school, participating in his or her education, engaging in extracurricular school activities, and making other parenting decisions that prioritize the well-being of your child.

When your case is taken to court, the judge is going to consider all aspects of your child when making their decision and it's not only about whether you would make a suitable parent. Advocating for custody as a father grants you the opportunity to utilize the 'best interest' factors and demonstrate that residing with you is for the child's well-being.

Show That You Are An Active Parent

Being an active parent is essential to show that you are involved in your child’s life. This is especially important when it comes to legal custody battles, as the courts will not award custody rights to a parent who does not appear to be interested in their child’s life. It is important to demonstrate how much of a part you are in your child’s daily activities.

Do you attend their sporting events? Do you spend time together in the evenings and on weekends? Do you call your child when you are out of town on a business trip? Do you eat dinner with your child every night? All of these things can help demonstrate that you are an active and involved parent.

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It is also important to take the time to talk to your child about what is going on in his or her life. Ask your child questions about school, friends, and activities they enjoy doing. Showing interest in your child’s life will help build trust between the two of you and make them feel like they can come to you with any issues or problems they may have.

Being an active parent doesn’t just mean attending events or volunteering, but it also means being there for your child emotionally and being available when they need someone to talk to.

Show Your Finances

When it comes to presenting your finances in a custody battle, honesty is the best policy. When seeking court-awarded custody, it is important to note that financial income is not the main factor taken into consideration. This is a frequent mistake that can cause fathers to overstate their financial standing. Rather than exaggerating or bragging about your income, you should provide a straightforward and transparent overview of your financial situation. 

It’s also important to be aware of any potential red flags regarding your finances. If there are any discrepancies or inconsistencies in your financial statements, make sure to explain them clearly and provide evidence if necessary. The court wants to see that you are being honest about your finances, so make sure you are open and honest about both positive and negative aspects of your financial situation.

Quality of the Home Environment

To be awarded custody of a child, your home should meet all necessary standards of cleanliness and safety to ensure it is an appropriate environment for the child. It is essential that your home has everything required for children to live securely and with ease in all areas of the house including the kitchen, bathrooms, living room, and your child's rooms. Your house should also have child safety locks, latches, and gates in necessary areas of the house, depending on the age of the children. 

a daughter not wanting to leave her father after his custody weekend

When it comes to sole or joint custody hearings, the judge will want to know if you have made room for your child in your home. This means that you should have a room that is specifically designated for your child. If you live in a small apartment, this may mean having to look into getting a bigger space that can accommodate your child comfortably.

It will not look good for you if you tell the family law judge that you are planning on moving in the future in order to make space for the child. Instead, it is important to be prepared and have the space ready for the child before going to court because the judge will ask for details about where the child will be staying.

Speak With an Experienced Family Law Attorney Right Away

Fathers can strengthen their custody case by providing evidence that they are fitting to provide stability and consistency for their child. Prior to attending your court hearing, you should prepare your evidence that living with you will benefit your child's wellbeing. 

When a father is involved in child custody matters, it is important to speak with an experienced family law attorney right away. Hiring a child custody lawyer can also help you, as a father, understand your rights and obligations under the law, as well as any potential risks associated with pursuing a joint or sole custody case.

Our experienced Colorado Springs family attorney, Jeanne M. Wilson, can provide advice on the best way to approach the case and what steps should be taken in order to maximize the chances of winning. Don't hesitate to call our office today at (719) 625-8886 to schedule an appointment. 

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