When parents are dealing with matters of child custody, they will likely have a lot of questions about their rights, the process and what they can expect in terms of a court ruling. Here and in a second part of this blog to come, we will answer some of the most commonly asked questions that arise when parents are dealing with custody matters.
For more specific information about your case or help resolving child custody matters, don’t hesitate to contact the trusted Colorado family law attorneys at the Law Office of Mike Hulen.
Q: Can my child decide who he wants to live with?
A: While children who are old enough can express their wishes and opinions regarding their preferences for who they would like to live with, it is ultimately up to the family law judge to decide who will get custody or how custody will be divided between the child’s parents. It is important to point out, however, that the judge will take the child’s wishes into consideration when making decisions regarding custody.
Q: Is a mother more likely to receive custody?
A: Colorado law regarding matters of child custody requires that the gender of a parent is not a determining factor when it comes to custody matters. Despite this fact, however, it’s more common that mothers get primary custody of children because, when determining custody matters, judges will take into consideration which parent has more responsibility for raising the child and which parent has already invested more time to this end. In many cases, this ends up being the mother.
Keep in mind, however, that this does not mean that fathers will not receive custody (or even partial custody), as there are a number of other factors that go into the decision of assigning custody.
Q: What factors do judges consider when they are making decisions regarding child custody?
A: In addition to considering a child’s wishes and which parent has shouldered more of the child rearing responsibilities, other factors that judges will generally consider as they decide who will get primary custody can include (but are not necessarily limited to):
- The parents’ wishes
- Each parent’s mental health (i.e., mental stability)
- Whether either parent has a history of addiction, abuse or criminal behavior
- The proximity of the parents’ residences
- Whether a child will have to adjust to a new school, community, etc.
- Whether one parent is more likely to foster a loving relationship with the other parent.
Don’t miss the second part of this blog coming in May for some more answers to frequently asked questions about child custody issues in Colorado.
Colorado Family Law Attorneys at the Law Office of Mike Hulen
When it comes to battling for child custody or dealing with any matter of family law, such as parental visitation rights, do not try to settle the case without the help of a skilled family lawyer. Working with the Colorado family law attorneys at the Law Office of Mike Hulen can be essential to ensuring that your rights are fully protected and that your family law matters are resolved as favorably as possible.
For years, we have been successful at helping our Clients negotiate favorable divorce settlements, child custody agreements, alimony payments, etc. We also have a proven track record of success when it comes to modifying custody agreements, spousal support payment agreements, etc. Contact us at (303) 932-8666 to learn more about your rights and receive professional advice regarding the best manner in which to proceed with your case.