As the above article portrays, obviously times have changed. While this case took place in New York, it is indicative of the changes in parenting roles that are bound to come with the shifts in societal views on marriage and the like. And with changes in parenting roles, naturally there will be changes in the custody arrangements that follow.
In Colorado, the critical determination that must be made in unorthodox cases such as this is whether the moving party has established themselves as psychological parent.
The three critical factors the Court will examine in making said determination are: 1) whether the non-parent physically cared for the child for at least 182 days (living in the same home as a family with the child will usually meet this standard); 2) whether the non-parent took on significant parental responsibilities such as child care, education, child development and child support with no financial reimbursement expectations; and 3) whether the non-parent’s role resulted in a sufficient bond between the non-parent and child wherein the relationship formed is dependent and parental in nature.
If said factors are met, the moving party then has standing (the ability to move forward in a court of law) to pursue their custody rights based on the best interest of the child.
In the case above, the Court clearly found that Dawn met these factors and that a determination that she have legal custody rights was in the best interest of the boy.
Please contact the Domestic Team at Feldmann Nagel Margulis for all of your Family Law needs.