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Wheat Ridge Child Custody and Divorce Attorney | Embryo Custody Issues in A Jefferson County Divorce

On Behalf of | Mar 23, 2018 | Divorce |


During a Wheat Ridge, Jefferson County divorce, child custody or allocation of parental responsibilities is a major aspect. It’s never a question when the kids are physically born that both parents have some responsibility. However, what happens when you are considering children that have not been born in the form of frozen embryos? It’s not an issue when both parties are on the same page, but what happens if one party wants to keep the embryos and the other does not? This is exactly what the Colorado Supreme Court is dealing with right now. A couple, in the throes of a divorce, had decided on how to divide everything except their embryos. There are 6 frozen embryos left over from the IVF treatments used to conceive their other three children. Dad does not want more children, especially with the woman he is divorcing, so he wants to dispose of them. Mom disagrees and wants to preserve them in case she wants to have more children.

The Right to Be a Parent or Not to Be a Parent: What Does This Mean for Child Custody?

The arguments seem to boil down to this: dad wants the right to choose if he wants more kids and who he wants them with. If his ex-wife chooses to use the embryos, he is essentially becoming a parent again, against his will. Mom, on the other hand, feels that the embryos are her offspring and that no one should force her to dispose of them, or, in her words ‘kill’ them. Even the fertility clinic holding the embryos had the couple sign that a court of law would decide how the embryos would be handled in the event of a divorce. This is clearly not a typical child custody argument, but one that is becoming more common in recent years. A lot boils down to personhood and when a child is actually considered a child – at conception or birth?

Divorce and Child Custody in Arvada: Protecting Your Family

No matter which side of the argument you fall on, if you were facing a dilemma such as this, you would want an expert Arvada family law attorney to fight to protect you and your rights. When dealing with a divorce, dividing assets, and figuring out how to co-parent, you need someone who has been through this process before and can guide you to the best possible outcome.

If you are getting a divorce, call the best family law attorneys from the Pearman Law Firm at 720-259-9528 for a initial phone consultation.

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