Bias Towards Mother in Divorce Cases No Longer Applies
Legal Article GuideBy: Sara Goldstein
In Colorado divorce law, lawyers are noticing a rising trend against preferential treatment towards the mother.
In previous years, there used to be a bias in favor of a mother’s parental rights during and after a divorce. That’s no longer the case, according to the Arvada-based law firm of Hull & Zimmerman.
Rather, the new trend of child custody centers around the concept of “the child’s best interest.”
In most cases of divorce, the court bestows “custodial parent” status on one parent and “visitation parent” status on the other. The “custodial” parent is the primary caregiver, and the “visitation” parent is the one with visitation rights. In legal terms, these visitations are called “parenting time” and typically take place on weekends, alternate holidays, etc.
In previous years, it was often the mother who was granted “custodial parent” status. Now, however, this status is determined on an individual basis, and gender is no longer as important as it once was.
While everyone wants an amicable divorce, unfortunately that’s not always the case. Which is why experts recommend hiring an attorney. Proper, qualified legal representation can help ensure that the child’s best interests are protected. For instance, if one parent has an attorney, but the other does not, the latter parent is at a great disadvantage when it comes to negotiating the legal system.
An attorney helps his or her client obtain primary custody of the children. Additionally, an attorney can help that parent deal with any problems regarding visitation rights regarding their ex-spouse. Experts agree – entering into child custody proceedings without qualified legal representation often decreases your ability to protect your child’s best interests.
Please click here for more information about a mother’s rights in a divorce proceeding.
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