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Can fathers get custody of their kids after divorce?

Divorce does not only impact the two people who choose to end their marriage. It can have a significant effect on their children and other loved ones who are connected through their union. When children are asked to endure the divorce of their parents, it can be both emotionally difficult and personally stressful on them, as their parents seek to work out custodial matters related to their care.

Parents in Colorado may maintain two types of custody over their kids - legal and physical. Legal custody concerns the right of a parent to make decisions about the upbringing of the child. Issues related to how a child is educated and what types of medical care he or she will receive are within the domain of responsibility of a parent with legal custody.

Colorado courts often award parents joint legal custody of their kids so that both parents may voice their preferences with regard to their kids' upbringing after the parents' marriage ends. However, both parents do not always receive physical custody of their kids. Physical custody concerns the right of a parent to have the child live within his or her household.

Courts do not place greater weight on mothers getting physical custody of their kids over fathers, though in all child custody cases courts will determine what custodial arrangement serves the best interests of the children. Considerations related to abuse, violence or neglect may weigh against a parent, but ultimately fathers are awarded similar parental rights after a divorce as mothers.

It can be hard to imagine living one's post-divorce life without children permanently in one's household. However, for many parents it is hard to maintain equal physical custody splits, and as such, in some cases one parent may have physical custody of a child while the other has visitation rights. To learn more about how a Colorado court may evaluate a specific case of divorce-related child custody readers are asked to consider consulting with their own family law attorneys.

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Mary Kay Kramer, P.C.
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