Colorado Springs Divorce Attorney – Don’t Fight This Battle Alone

Getting divorced is stressful enough, but nothing makes it worse than dealing with issues of child custody.  If you are afraid that your ex-spouse will win in a custody battle, then don’t fight this battle by yourself; hire an experienced Colorado Springs divorce attorney.

Ever since the early 70s, when divorce became much more common in America, the equal rights movement has been silently changing the opinions of many family court judges.  Divorce laws are made at the state level, so it’s taken a while for this sea change to take effect, but it seems like many judges no longer favor the mother in a custody case. Rather, the courts have been instructed by law to consider the “best interests of the child.”  One problem with this approach is that the “best interests” aren’t always so easy to determine, and can often be a matter of opinion.  It also means that certain assumptions can no longer be made.

An article published recently by a Colorado Springs divorce attorney at Marrison Law is very clear about this switch from the “tender years doctrine” to the best interests of the child.  According to the article, “Do Colorado Divorce Laws Still Favor Women?,” the laws haven’t really changed that dramatically, but the ways they are interpreted has changed.  In other words, if the living situation of a father who has remarried is more stable and nurturing than a single mother with a history of substance abuse, it may be a lot easier than expected to move the children in with their father.    This alone represents a major shift in the expectations of a post-divorce family. It also gives fathers a level playing field in gaining custody of their children.

Another potential reason that a mother could lose primary custody of her kids is if there has been a dramatic change in circumstances.  Any change that is significant enough to cause a court to rethink its custody decision may qualify.  This includes the mother’s decision to move to another state with the child.  A move may also represent a change in lifestyle or a child’s exposure to an unsafe environment.  As a result, before a move like this can occur the non-custodial parent is given an opportunity to file an objection, as they would with any decision that results in the loss of primary custody.

Child custody laws differ from state to state, which can be very confusing for parents. A Colorado Springs divorce attorney can help you understand the way a judge might view your case.