Divorce is a challenging and emotional process for everyone involved.
That said, there is nothing more heartbreaking than watching your children struggle through it, particularly when one parent has decided to deny those children the right to see the other one.
Luckily, in the state of Colorado, there are laws against this happening.
Laws that – if your spouse won’t let you see your kids – are often on your side.
KEY TAKEAWAYS:
- Understand Your Rights: In Colorado, laws are often on your side if your spouse denies you custody rights. Knowing your rights and the factors that influence custody decisions is crucial.
- Take Immediate Action: If denied custody, act quickly by documenting everything, seeking legal advice, and following court orders to improve your situation.
- Seek Professional Help: Working with an experienced family law attorney can significantly improve your chances of regaining custody and ensuring your child’s best interests are met.
If you find yourself being denied your custody rights during or after a divorce in Colorado, it’s important you waste no time learning everything you can about your rights and the rights of your children.
Knowledge is power…let’s make sure you are armed with it.
Understanding Child Custody in Colorado
In Colorado, child custody is referred to as “parental responsibilities.”
This term is used to define which parent the child (or children) typically lives with as well who is going to make major decisions for them (such as education, religion, and healthcare,)
This is known as physical and legal custody.
There are several key factors that will decide how the parental responsibilities (child custody) will be determined:
- The wishes of the child, if they are mature enough to express a preference
- The mental and physical health of all parties involved
- The relationship between the child and each parent
- Each parent’s ability to encourage a positive relationship between the child and the other parent
- Any history of domestic violence or substance abuse
On the other hand, there are also some factors that WILL NOT typically affect a parent’s ability to gain and/or keep custody of a child:
- The gender of the parent.
- Salary differences between both parents.
- A parent’s sexual orientation.
- If adultery took place.
- Educational level of each parent.
While it can sometimes be a daunting process, knowing the intricacies of each of these factors will help you to determine whether or not you have a right to custody of your child or children.
Don’t let someone else’s opinion, interpretation or hearsay of these laws sway you.
Make sure you do your due diligence in understanding each of these factors and whether or not they apply to you.
Your Worry is Warranted…So What’s Next?
If you believe your custody rights are being unfairly denied, it’s important to take immediate action.
The sooner you take a proactive approach to regain your parental custody rights of your children, the more likely you are to achieve a favorable outcome.
Here are the main steps you want to follow when you’ve been denied custody of your kids:
- Don’t Panic: Losing custody of your children can be incredibly distressing, and it’s natural to grieve. However, it’s crucial to stay calm and not let your grief turn into panic. You have options to turn things around, and the first step is to clear your mind and create a plan of action.
- Evaluate the Problem: To regain custody or visitation rights, you need to understand why you lost them in the first place. Consider the court’s reasoning: Were you falsely accused of abuse or neglect? Did you fail a drug test or violate a court order? Identifying the issue is the first step toward resolving it.
- Work With an Experienced Family Law Attorney: If you’re serious about regaining custody or visitation, you need an experienced family law attorney. A skilled attorney can:
- help you understand legal jargon and court orders
- explain your custody rights
- outline the specifics of your case
- identify solutions to the problem
- ensure you follow all court-mandated steps
- advocate for your child’s best interests
Geigle | Morales: Your Partners for Proven Custody Results
Being denied your custody rights can be a heartbreaking and confusing experience, but you don’t have to face it alone.
Understanding your rights and taking the appropriate steps can help you regain custody of your child while also making sure their best interests are met.
At Geigle | Morales, we have a long track record with custody cases and are ready to support you every step of the way.
Don’t let someone else’s bad behavior affect the relationship you’ve built with your kids.
Let the lawyers at Geigle | Morales help bring them back to you.
