In Colorado, when a newborn is born to unwed parents, the mother is granted complete legal and physical custody of the child. Unless the parties reach an agreement, the father has no custody or visiting rights without a court ruling. The birth of a child does not immediately establish a legal parent-child connection.
When domestic roles were more traditional, the mother was frequently the infant's primary caretaker and attachment figure. As a result of this historical bias, courts in Colorado would more frequently grant mothers physical custody, now known as parenting duties. Nowadays, there is a presumption of 50-50 parenting time, and single men can more easily get parenting time and have a vote in child-related decisions.
In Colorado, Parenting Time and Decision-Making:
According to Colorado law, fathers should have the same legal rights as mothers. The best interests of the kid are crucial when deciding on child custody, and Colorado courts decide custody matters based on what is in the best interests of the child.
Why Is Proving Paternity Required in Colorado?
Unmarried fathers are not automatically considered legal fathers. They are not always thought to be biologically linked to their child because paternity has not been established. Due to the lack of a recognized marriage, enforcing parental rights and responsibilities might be more challenging for single fathers. Even if his name appears on the child's birth certificate, a father must go to court to establish paternity.
An unmarried guy is legally recognized as the child's parent after paternity is confirmed. As a result, he is in a better legal position to request additional parenting time.
How Do I Prove Paternity in Colorado?
Making ensure that your name appears on the baby's birth certificate is the simplest approach to establish paternity. The simplest option is to be there at the hospital when the mother gives birth and assist her in completing the birth certificate forms. Otherwise, you must submit a Petition for Paternity and go through the legal process to acquire a Paternity Final Order.
Can My Ex-Spouse Have Right to Refuse My Visitation?
In Colorado, if a child is born to unmarried parents, the mother is usually granted sole physical and legal custody. Unmarried fathers do not have an automatic claim to parenting time. So, if there is no custody agreement in place, your kid's mother can lawfully keep your child from you. If you are an unmarried father in this situation, your best option is to establish paternity before pursuing additional parental rights.
How Do I Obtain Custody Rights in Colorado?
After paternity is proved, you have the same parental rights as a married father. If both you and your child's mother agree, establishing your rights to parent your child or children through a Court-approved agreement is preferable. Otherwise, you must file a Petition for Allocation of Parental Responsibilities and go through the process of having a Court impose instructions concerning parenting time and decision making.
Consult Colorado Family Law Attorneys to initiate paternity proceedings and protect your legal rights as a father.
