With Mom or Dad?: What the Law Says After Divorce

Child Custody

Child CustodyIn recent years, the number of people choosing to live as unmarried couples has risen significantly. While this is not necessarily a bad thing, such a setup can often cause legal problems for their children if the parents should end up separating.


To whom the child will go with after the split up is often the biggest concern here. If both parties managed to have an amicable relationship after separation, then they can implement a co-parenting setup. This one is favorable to the child as it can provide him the emotional well-being he needs from both of them.

Keep in mind that any co-parenting agreement reached by both parties still needs to be legally sanctioned by a family court to hold.

If, however, a custody battle occurs in between the parties, things can get a bit more complicated. As is with cases involving married couples, the courts usually favor the primacy of the mother’s right to custody. In this case, she gains the rights to care for and control of the child. This can be defeated if the other party has a good child custody lawyer in Denver and the mother is unfit as parent.

So what of the father?

If he has legally acknowledged the child as his own and his surname appears on the kid’s birth certificate, then he is recognized as the legal father and is accorded the same standing as the mother in the proceedings. If that is not the case, his chance for custody will be determined by his suitability as a parent.


Once custodial rights have been settled, visitation rights are often the next thing to be considered. As the parent having custody has the right to terminate visitation, the non-custodial parent needs to guard his visitation rights carefully. This includes making sure both parents would still remain in amicable terms.

In some cases, the family courts can intervene and deny visitation rights to the non-custodial parent right from the onset. The most common cause for this is that the other parent’s character might not be beneficial to the child.

Do keep in mind that all of these apply only for minor children. Once they reach legal age, the kids will have the right to decide whether they want to communicate with their other parent or not.