Who Decides Who Gets Custody if I’m Not Married?
Families come in all shapes and sizes. This is especially true when it comes to parents of unmarried children. While most Colorado children are born to married couples, this isn’t always the case. In fact, nearly ¼ of all children in Colorado are born to unmarried parents. Many of these couples will stay together following the birth of their children, and several will get married at some later date.
However, in some instances, an unmarried couple may choose to separate following the birth of one or more children. Sometimes, the separation may not be entirely amicable. When this happens, it may lead to confusion or dispute over who can or will get custody of the children. If an unmarried couple cannot decide how custody will be handled, the court may need to intervene. If you or a loved one are an unmarried parent going through a child custody dispute, you shouldn’t hesitate to contact one of our team’s compassionate, experienced attorneys.
How Do the Courts Decide How to Split Custody Between Unmarried Parents?
If a couple is separating amicably, they can usually avoid having to go to court to decide child custody. In these instances, the couple can work with a family attorney to make a legal agreement outlining shared parental responsibilities.
If a couple is not separating amicably, however, the court’s intervention may be required. If this happens, each parent can present their case for custody to the judge. A judge will then decide based on Colorado’s “In the Best Interests of the Child” standard. “In the Best Interests of the Child” is a legal principle that states any court case involving a minor should be settled according to their best interests ahead of the considerations of any adults involved.
What is Considered ‘In the Best Interests of the Child?’
When considering what is in the best interests of the children involved in a custody dispute between unmarried parents, a judge will consider various factors when making their decision. These factors usually include but are not necessarily limited to:
- The Mental and Physical Well-Being of the Child
- The Child’s Wishes
- The Child’s Relationship with Each Parent
- How the Child May Be Impacted by Significant Changes (Moving, New Schools, etc.)
- Each Parent’s Ability to Care for the Child
- Any Criminal History
The court’s primary concern will be the child’s general safety and well-being. This means they will prioritize granting majority or sole custody to one parent over the other if the court determines that parent will provide a safer, more stable environment for the child. This consideration can include taking into account any criminal history either parent may have, such as a history of domestic or child abuse.
In addition to the child’s safety, the court will also take into consideration how disruptive any potential custody arrangements might be. For instance, if one parent lives far away from the other, a judge might give one parent majority custody over the other to prevent the child from traveling a great deal. A judge will also consider whether a particular custody arrangement would require a child to change schools, move, or undergo other potentially significant life changes.
Can One Parent Prevent the Other from Getting Custody?
As long as the court determines that neither parent represents a threat to the child’s safety or well-being, judges will try to split custody equitably between parents. This is because studies have consistently proven that children do best following separations when they are allowed to have quality time with both parents.
For one parent to prevent the other from getting joint custody, they would need to demonstrate that it would be somehow detrimental to the child’s welfare. This could include proving that the other parent presented some kind of threat to the child’s mental or physical well-being, such as a history of abusive or neglectful behavior. It could also include demonstrating in court that the other parent would provide an unsuitable living situation for the child, such as a dangerous home environment.
Judges take charges of child endangerment seriously. Sometimes, parents might attempt to get revenge on a former partner by making false allegations against them during custody disputes. If a judge determines one parent is trying to use custody arrangements to get revenge on a former partner, it could reflect poorly on them when making a final decision. This is why it’s vital to consult an experienced attorney before making any decisions related to child custody.
What Should I Do if I or a Loved One am a Single Parent in a Custody Dispute?
Everyone wants their children to grow up in a safe, nurturing environment. Depending on the situation, this may or may not involve both parents being a part of their lives. Even if an unmarried couple separates on favorable terms, determining child custody can be a difficult and emotional situation. Parents with the best of intentions may find themselves at an impasse when it comes time to decide on child custody. This is why if you or a loved one are an unmarried parent attempting to determine child custody, you should immediately contact one of our attorneys at Brighter Day Law.
At Brighter Day Law, we’re advocates for the health and happiness of all families. The world is a better place when children can grow up safe, happy, and healthy. We want all of our clients to be loving, nurturing, and constructive presences in their children’s lives. We also want to help all of our clients protect their families from anything that may prove harmful to them. Our attorneys are only satisfied when their clients can rest assured they and their children are on the road to a better future and facing a brighter day.
Figuring out child custody between unmarried parents can be challenging. With Brighter Day Law’s attorneys on your side, it doesn’t have to be. If you’re a single parent facing a custody dispute, contact us today at 719-733-9129 to schedule your case evaluation.