Paternity establishment in Child Custody
We have seen earlier how important establishing paternal rights are in Colorado. In that, among other things, we touched upon the benefits of establishing paternity, and we saw that one of those benefits was the ability to have a say in child custody cases.
The legal establishment of paternity is crucial in all cases of child custody as the father is then considered as a stakeholder in the child. In addition, paternity also gives the father a say in all adoption procedures, should the need arise. Even if the legal father isn't granted custody of the child, the fact that he has established paternity will surely hold weight and give him visiting rights as well as parenting time. As noted earlier, the primary concern of the courts will be the well being of the child irrespective of the issues facing both parents.
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Along with the benefits of establishing paternity relating to child custody cases in Colorado, there is also the question of child support. Legal paternity establishment places a financial obligation on such a person to ensure that the child well provided for. Courts will order the payment of a certain amount of child support in case the father does not have custody of the child. The amount and circumstances vary from case to case and you must contact a competent attorney for specifics relating to your case.
Weight of Paternity in Custody Battles
There is a common perception amongst people that mothers have a greater chance of getting custody of a child than a father. While this myth has been popularized by movies such as "Kramer vs Kramer". While this was true in the 1970s, things have changed since then. Courts have become more fair and have realized that there is no inherently right or wrong parent for children.
Both parents now have an equal chance of gaining custody of children and the decision is solely based on who has better parenting skills and if the child is above a certain age, his or her wishes are taken into consideration as well.
Nonetheless, the mother does have a historical image as the caretaker and the onus is somewhat greater on the father to prove that he is as good or a better parent than the mother. This is not as difficult as it once was, and the key to winning a custody battle is preparation.
A competent attorney will be able to flesh out points that he or she knows hold weight in the eyes of courts. Judges look at several factors including the past history of relations between the child and the father. The ability to present your case clearly and cogently as well as coming across as a responsible parent is the key to a father winning a child custody battle.
At Marrison law, we have a long history of dealing in such cases and we are aware of the best approaches to cases like this. Contact us now to take advantage of our experience in these matters and present a winning case.