Children's Rights in Colorado | Denver Family Lawyer

Sad boy speaks to a child representative for a divorce case

With more than half of Colorado cases involving family law, it’s essential to consider the best interests of a child, which is what the court system is now doing. Children’s rights issues have become more prevalent as minors are now being treated as independent human beings rather than property.

Courts Take Children’s Preferences into Consideration

By law, Colorado courts must consider the child’s preference whenever a case is decided that will affect them. The judge first decides whether the child is mature enough to have a well-reasoned opinion. Then, the judge determines how much weight to give that child’s preference when making the final determination and weighing the children’s rights. As an example, the court isn’t going to side with the minor simply to give them a more lenient living environment or allow them to receive more luxury goods. Instead, the court looks at the best interests of the child to make a determination.

Does the Age of a Child Matter in the Courts Decision?

While there isn’t a specific age given to when a judge must consider the minor’s opinion, the court must look at each child’s maturity level to determine capability. Children’s rights aren’t taken away because a person is a certain age.

Best Interest of the Child

Focusing on the best interests of a minor is the ultimate goal in any court decision. The hope is that the child will have as much happiness, emotional support, and security as possible. Ideally, the child should maintain a close relationship with both parents. When deciding a custody conflict and looking at children’s rights, it’s vital that the parents and court system remain focused on finding the best solution for the child. The choices made today will have a lasting effect on the minor for years to come.

How Can A Mother Lose Custody of her Child?

Regardless of children’s rights and preferences, the number one reason that a mother will lose custody of her child in Colorado is due to sexual or physical abuse. Domestic violence, substance abuse, and child abduction can also play a role. However, it’s possible to lose custody only by not being involved in the children’s lives before the divorce. You must be able to prove that you were a primary caregiver, not a babysitter or family member, if you want the best chance of retaining custody.

How Can A Father Lose Custody of his Child?

It’s often more difficult for fathers to retain custody of children in general, but there are some situations that make it nearly impossible. For example, if there is any abuse, neglect, or substance use, it’s unlikely that the father will gain custody. However, the father can also lose rights only for low co-parenting, parental alienation, or merely being an absent parent. While the court will consider the children’s rights, it will not ignore the above circumstances.