Over the past 30 years, there has been a dramatic shift in society in many areas, including divorce and parenting. One of the more positive shifts has been that more and more courts in Colorado and elsewhere are more inclined to start with the presumption that shared child custody is preferable in the majority of cases. This change has been welcomed by dads who desire to help raise their children.
In the 1970s and early 1980s, courts typically followed the presumption that mothers were the preferred caregiver, especially for younger children. However, once divorce become more commonplace, and more and more mothers were entering the job market, family court judges became inclined to consider that children would benefit from a shared custody plan. In fact, many parents are able to work out a custody agreement outside of the courtroom.
There are many factors that have led to these changes. One may be that religion has lost much of its influence, and divorce laws were revised away from the idea that fault on the part of one spouse had to be proved before a marriage could be dissolved. After this change, more women have filed for a no-fault divorce, which may have helped fathers gain more ground in custody agreements. In addition, more children are born outside of a traditional marriage, which may have also played a role in courts granting fathers more rights.
Though parents may find it impractical to draft an agreement that permits equally shared physical custody due to logistics, it is usually possible to reach an agreement that allows both parents time with their children. Even fathers who do not possess an abundance of financial resources are seeing more equity when it comes to child custody. Colorado parents who are finding it difficult to reach a suitable agreement may wish to seek the guidance of an experienced attorney who can assist them in finding a solution that best meets their unique needs.