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Fathers' Rights Attorney Denver, CO

At ELKUS & SISSON, P.C., our team of seasoned professionals brings a wealth of experience to navigating complex legal challenges with precision and dedication.

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Helping Fathers in Colorado Fight For Their Interests

Just one out of every six custodial parents is the father.

This statistic can make custody battles for fathers seem bleak, even hopeless. However, even though you may not get full custody, the custody battle is still worth it. If you go in informed and prepared, you have a better chance of getting an outcome that you and your child can be happy with.

An attorney with extensive experience in dealing with fathers’ rights will help you navigate your child custody case and fight hard for your rights as a father. We’ve put together this essential guide that includes eight tips for fathers going through a child custody case.

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Custody Laws for Fathers in Colorado

Custody laws vary from state to state. This can have a significant effect on custody battles for fathers, since your location matters.

In Colorado, as in other states, custody is determined based on the best interests of the child. But unlike in other states, “custody” in Colorado is actually called “parental responsibility.” The laws govern the same thing, but the name is different.

Ideally, all factors will be weighed equally in a custody battle for dads. The parents’ and child’s wishes should all be taken into account, and neither parent is considered better than the other. Still, mothers get awarded custody far more often than fathers do.

While joint or shared legal custody is ideal according to Colorado law, it may not work if the parents live far apart. This can mean one parent gets primary custody while the other gets visitation rights.

Also, if the parents are going through a divorce, the court might require them to take a mandatory parenting class. This is typically expected of both parents, not just one.

Eight Tips to Succeed in Custody Battles for Fathers

As a father, child custody cases can seem like an uphill battle. Even though the law doesn’t prefer one parent over the other, courts still sometimes seem to prefer giving custody to the mother.

Having a lawyer that is experienced and knowledgeable with father’s rights is key. These tips will help as you prepare to try to win custody.

Don't Involve Your Child(ren)

It’s often tempting to include the children in a custody battle and the court may take your child’s wishes into account. Be sure to allow your legal counsel to make this decision for you..

Avoid even discussing the custody case with your child. If you say something negative about the other parent, it could be used against you. Only tell your children what they absolutely need to know—don’t confide your feelings about the other parent to them.

Don’t Get Hung Up on the Bias

Although the numbers might show that custody courts are biased toward mothers, try not to get hung up on this bias. A good family law attorney can overcome it.

And the bias may not always apply since it’s not upheld by law. Some courts truly are as neutral as they should be.

Be the Best Parent You Can Be

Simply showing what a good parent you are can be a huge help in custody battles for fathers. Fortunately, this step tends to be easy since you probably already want to be a good parent.

Be invested in your children’s lives and activities. Here are a few examples:

  • Help with their homework
  • visit them at extracurriculars when appropriate
  • get to know their friends better.

Judges can tell when you’re passionate about parenting and take advantage of parenting time.

Talk to No One but Your Attorney

Family Law Attorneys in Englewood, CO

While it should be easy to avoid involving your child in the details of the case, it can be harder to avoid involving your friends or family members. Friends and family will often offer legal advice and an ear for listening to your case but it is best if you only talk to your attorney about the case.

Avoid discussing the custody battle in personal conversations, social media posts, and other places outside of your attorney’s office. Even private texts and emails can show up and get used against you in court. During custody proceedings the less you say, the safer you are.

Track Your Payments

If you’re making child support payments, or even informal payments, to the other parent, keep track of them. If you need to make other payments, such as alimony, make sure to track those too. This documentation can help you win custody.

Keep your receipts. And if you can, get a written note from the other parent to confirm the payments you’re making. If you’re required to make payments but don’t have enough money, it’s better to request a modification than to fail to make them.

Be Polite With Your Ex

No matter how you really feel toward your ex, keep your conversations as polite as possible.

If they get confrontational, avoid engaging. Don’t say, text, or email anything to your ex that you wouldn’t want the judge to hear or read. Keep it focused on the child and avoid personal attacks.

Give Your Child a Room

Judges will consider accommodations as they decide which parent should get custody. You can help your case by giving your child their own space in your home.

Don’t wait until after the hearing to think about accommodations. Showing that your child has their own room can increase your chances of getting custody.

Be Realistic

If you have a demanding work schedule or go out of town often, getting full custody might not be a realistic goal. Consider your situation carefully, and be aware that partial or split custody can sometimes be the most ideal outcome.

Also, keep in mind that the initial custody outcome may not be permanent. For example, when your child gets old enough to make their own decisions, they may choose to live with you after all.

Need a Great Attorney for the Custody Battle?

You can do everything right. But when it comes to custody battles for fathers, at the end of the day, the most important thing is having a good family law attorney.

While the Colorado custody laws may seem straightforward, navigating them often isn’t. Only an experienced attorney can help you present your best case to the court and get the result you want.

Why Elkus & Sisson, P.C.?

Elkus & Sisson attorneys

Elkus & Sisson has over 15 years of experience in the Denver metro area. We understand how difficult and emotional family law cases can be for all involved. Our law firm strives to deliver an outcome that you are happy with and more forward with your life.

Top Rated Lawyers in the State of Colorado

Top Rated Attorneys in Colorado

Common Types of Family Law

Divorce

Divorce

In Colorado, the laws surrounding divorce can be difficult to navigate. You do have the option to work out an uncontested divorce between you and your spouse. If this is not possible then it is important to find an experienced divorce lawyer. Even if you and your spouse are currently cooperating while navigating divorce, discussing your options with an attorney can be helpful. Divorce attorneys provide several services that will help you move on with your life. Things you will need to address when getting divorced include the division of property and assets, determination of allocation of parental rights (“child custody”) (if applicable), and spousal maintenance payments. Our family attorneys will also be able to provide you with the needed legal advice during the divorce. There are several things that you should and should not do to help you strengthen your case—that’s one reason we recommend talking to an attorney as soon as the divorce is being considered. In the gap between deciding on divorce and hiring an attorney, this “learning phase” will allow you to avoid making critical mistakes that take additional time, work, and money to fix. Protect yourself from the very beginning with our team’s representation.

 

Find out more information about the services our divorce attorneys provide.

Spousal Support

Spousal Support

Spousal Support

Some divorce settlements require one spouse to pay spousal support to the other. Once  referred to as alimony, this is now called spousal maintenance/support.  Spousal support seeks to give a lower-earning spouse financial stability if there is a major earning disparity and if usually is considered if the marriage is at least 3 years.For example, divorce cases involving a high-earning spouse and a stay-at-home parent are likely to involve spousal support. The length of your marriage is also a contributing factor; someone married for a very short period will likely not pay or be paid alimony upon the end of the marriage but it is always in the court’s discretion However, an individual who was married for 20 or more years before divorcing could find themselves paying or receiving lengthy or  permanent spousal support, which only terminates upon the death of the receiving party or remarriage of the receiving party.

Learn more about spousal support and how our firm can help you.

Child Custody

Child Custody

Allocation of parental Responsibilities (“Child custody”) is a subject that divorcing couples will need to confront. It can be emotionally draining and very complex. There are several factors that will help the court decide on the custody and visitation rights of parents and/or grandparents. Our family attorneys are experienced in the areas of:

  • Visitation and parenting time
  • Father’s rights
  • Grandparents’ rights
  • Parenting Time modification

 If you are going through a divorce you may need to learn more about our services relating to child custody battles.

Allocation of Parental Responsibilities (“Child Custody”)

Child Support

Child Support

Doing what is in the best interest of the children should be at the heart of every child custody case. The Courts utilize a child support worksheet which demonstrates each party’s financial responsibility for the children (child) based on income, overnights and other factors. Our family attorneys will help calculate the needs based on financial records and statements to make sure your children are taken care of. Extensive medical care needs, extracurricular activities, childcare expenses, and other factors can increase or decrease child support. In most cases, the party who has the child the majority of the time receives child support paid by the parent with parenting time.

 

Explore our child support services to find out how we can help you.

Property Settlement

Property Settlement

To get the best results of property settlement cases during a divorce you need to have a skillful attorney with extensive experience. Property division can be very complex and exhausting when you start to include multiple properties, stocks, bonds, vehicles, etc… Assets that are considered “marital” and “non-marital” can also be complicated. Property that was acquired during the marriage will most likely need to be considered “marital” and things that were accumulated outside the marriage are most likely “non-marital”. It’s especially important to work with an experienced attorney if you and your spouse have a large and varied portfolio of assets. A fair division of assets depends on the accurate identification and valuation of each asset. Other situations also call for an attorney with extensive experience, including situations where you suspect that your spouse is attempting to hide assets or divorces involving hard-to-trace assets like cryptocurrency and NFTs.

 

Find out more about the services our property settlement attorneys provide.

Fathers' Rights

Fathers' Rights

Custody laws vary from state to state. This can have a significant effect on custody battles for fathers. According to Colorado law parenting time is based on what is in the best interests of the minor children. The Courts want the parties to be involved and to have joint decision making, when it’s appropriate and in the children’s best interests. Many fathers go into divorce or custody battles assuming that the odds are already against them and that the court will automatically side with the mother which is not the case and not the law. The court recognizes the importance of both parents in a child’s life. Whether you’re establishing your rights as a divorcing father or during a “custody” battle, know your rights and don’t give up before you’ve even started.

 

If you are a father involved in a custody battle then have a look at our guide that includes eight tips for fathers going through a child custody case.

Grandparents' Rights

Grandparents’ Rights

Grandparents often have special relationships with their grandchildren that can make these cases complex and highly emotional. You do have to meet certain criteria to qualify for grandparents’ rights in Colorado. You may be able to seek visitation with your grandchildren if their parent passes away and the other parent is keeping them from you, a non-parent currently has custody, or the child’s parents have divorced and your time with the child has been revoked.

If you need to know what your rights are as a grandparent relating to visitation of your grandkids then read our information on grandparents’ legal rights.

Denver Adoption Attorneys

Adoptions

Adoptions

Adoption is a beautiful way to give a child a home and grow your family. No matter which type of adoption you are pursuing, it is crucial to work with an attorney who can navigate this complex area of family law. There are several types of adoptions recognized in Colorado. A foster adoption may occur after a biological parent’s rights are legally terminated and the foster parent chooses to adopt the child in their care. International adoption generally requires assistance from attorneys in both countries. Families pursuing private domestic adoption need a lawyer to protect their best interests as they seek to finalize their adoption. When a child is adopted by their grandparents, aunts or uncles, siblings, or extended family members, it’s referred to as kinship adoption. Stepparent adoption allows a stepparent who has taken on an important parental role to adopt their stepchild if the child’s biological parent has given up their rights or had their rights terminated. Adoption is complex, and there are many ways that the smoothest adoption can fall apart. Find out how our firm can help you with your adoption case.

 

Learn More About Adoptions

Family Law Attorneys in Castle Rock, CO

Marital Agreements

Marital Agreements

When you get married, divorce is an impossible thought. But for nearly half of all marriages, divorce is the eventual outcome. Marital agreements, more commonly known as prenuptial and postnuptial agreements, are contracts that can protect both parties in the event of a divorce. It’s important to work closely with an attorney in the drafting or review of these documents. You want to ensure that your best interests are protected, but you also want a legally enforceable contract. One-sided or vague marital agreements can get thrown out.

Learn more about your marital agreement options.

Family Law Violations

Family Law Violations

Family Law Violations

Having an agreement isn’t always enough. If you have a combative or uncooperative ex-spouse or co-parent, you could have years of family law violations to deal with. Refusing to pay for their share of medical bills, not paying spousal or child support, withholding your child at exchange time, and otherwise going against the clear terms of your agreement are  issues that must be addressed. Let us help you find solutions to your ex’s family law violations.

Common Law Marriage

Common Law Marriage

Common Law Marriage

Most states don’t recognize common law marriage, but Colorado does. It’s a complex analysis that does not rely on just one factor but a totality of factors and is in the discretion of a court to decide whether a common law marriage exists.  Some factors include: whether a couple  lived and held themselves out as a married couple, engaged socially with others as a married couple, received benefits for the other, and purchased property together, paid joint taxes, as well as many other factors.  However, common law marriages present unique legal challenges, particularly when a couple splits up or has disputes about the status of their relationship. Our firm is here to help you with your concerns about your common-law marriage.

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