Legal Considerations: Child Custody and Visitation Rights for LGBTQ+ Families Post Divorce in Colorado
November 14, 2024
Once the painful decision to divorce has been reached, parents’ immediate concerns are naturally for their children and what will happen to them. While it is a stressful time for everyone involved, Brighter Day Law recognizes and values how important it is for your children to be allowed to spend as much quality time as possible with both parents. We are passionate about providing quality legal services to meet your family’s needs.
The five types of custody arrangements available in Colorado include:
- Joint legal custody- parents maintain equal rights to make meaningful choices about the children’s schooling, healthcare, and other significant decisions about upbringing.
- Joint physical custody- Both parents spend a significant if not equal, amount of time with the children. This ensures that both parents maintain a strong bond with the children despite the divorce.
- Joint custody- Both parents maintain communal legal and physical custody rights.
- Sole legal custody- Only one parent is granted the right to make crucial decisions for the children
- Sole physical custody- Only one parent retains physical custody of the children, while the other parent spends time with them during their scheduled vacation time.
Every family is unique and has its journey. Divorce does not change that. Brighter Day Law will work tirelessly to help your family achieve the most appropriate custody arrangement for your family issues. Call 719-733-9129 for a consultation.
What Factors are Considered in LGBTQ+ Custody Arrangements?
In Colorado, the courts consider many factors in child custody orders. LQBTQ+ families are awarded the same consideration as heterosexual couples. Although The Obergefell decision legalized same-sex marriage in the United States in 2015; LQBTQ+ families still face some unintentional bias within the court system as the laws in many states still use gendered language (such as “man” and “wife” or “husband”). Sometimes, divorcing partners try to punish each other by these outdated laws. Generally, courts prefer custody arrangements in which the parents are willing to work together in the best interest of their children despite any hostility between the two divorcing parties.
The courts consider the children’s wishes in custody cases as often as possible. The judge will consider the children’s ages, maturity, and judgment when factoring these preferences into custody arrangements.
Do Same-Sex Parents Automatically Get Shared Custody in Colorado Divorce?
In any divorce, the best interests of the child are the priority, and the State of Colorado considers frequent contact with both parents after a divorce (unless there is an abusive situation) is best. If both parents are the child’s legal parents, same-sex parents have the same rights in Colorado as opposite-sex parents. Legal parenthood is established in the following ways:
- A child is born to the couple during the marriage with or without reproductive technology via sperm donation, surrogacy, IVF, or other services.
- The non-biological parent establishes legal parenthood to their spouse’s biological child through stepparent adoption or second-parent adoption
If I Am Not My Child’s Legal Parent, How Do I Get Shared Custody?
The laws in Colorado are still evolving as the definition of traditional marriage changes. As it currently stands, if the non-biological parent does not take steps to legalize the parenting relationship formally, and the biological parent will not agree to share custody, they must bring forward a maternity or paternity action to argue that they are the presumed parent. A skilled LGTBQ+ Family Law Attorney can help you establish your parental rights.
What Is Presumed Parenthood?
From a legal perspective, parental presumption means that the spouse of a woman who gives birth is the other legal parent of the child. The gendered language of the not-yet-updated law notwithstanding, Colorado applies this standard to same-sex marriages as well. If the couple is married at the time of the birth, it is within 300 days of the divorce, or the birth is the result of reproductive assistive technology.
How Do We Create A Fair Parenting Plan in Colorado?
There are seven essential components to a successful parenting plan. Until a formal plan is adopted and agreed upon through the court, parents should strive to create a provisional plan so that their children are cared for, and their needs are appropriately met. The seven parts are:
- General Custody arrangement
- Who will make the day-to-day emergency decisions regarding the children’s welfare
- Time-sharing
- Additional visitation
- Information sharing—How will communication regarding school events and other important information be shared between the two parties to limit conflict as much as possible
- Transportation- Particularly, who is responsible for transporting children between visits from each parent and to and from various extracurricular activities
- There may be other aspects about child support, relocation, and jurisdiction of the agreement depending upon how long it is in place and whether or not it is formalized.
Every family is unique, and all their needs should be addressed calmly and clearly. Ultimately, the best interests of your children are served when solutions can be found as quickly as possible. No matter your domestic situation, if you are facing a divorce, have been abandoned by your spouse, or need help arranging custody. The LGBTQ+ family law team at Brighter Day Law is dedicated to ensuring that you stay informed of what is happening with your case at all points. We protect your rights. We get the results you deserve. Call Brighter Day Law at 719-733-9129 to begin your consultation.
