In Colorado, child custody is referred to as “parental responsibilities” and visitation, the opportunity to spend time with a child of which the parent does not have custody, is referred to as “parenting time.” The unmarried father of a child must establish paternity before he can proceed to seek custody or visitation rights.
When a child is born to unmarried parents in Colorado, the child custody laws for unmarried parents provide that the mother has sole custody and the legal authority to make all decisions regarding the child’s upbringing. The father would have to go to court to get custody or visitation rights and, if his paternity is not established, to establish his paternity. A local attorney in Colorado would be able to provide more information about establishing paternity.
In Colorado, there are 4 ways in which a father may establish his legal paternity as follows:
- Voluntary Paternity Acknowledgment: The parents may complete this form and file it at any time after the baby is born. It is best to do it as soon after the child’s birth as possible. If either parent wants genetic testing, neither of them should sign it before test results are available. Genetic testing can be obtained by parents from their local child support agency.
- Court Ruling: If a man is named as the possible father and does not agree, or if he claims to be the father of a child and the mother does not agree, a court hearing is scheduled, and after the hearing, the court makes the paternity decision.
- The court notifies both parents of the day and time of the court hearing. They both should appear at the hearing. If the man wants genetic testing, he should request it from the court. If the man does not attend the hearing, the court may still declare his paternity. So, it is best for an alleged father to appear and participate.
- Paternity Based on Genetic Testing: A man can be conclusively determined to be a child’s father if genetic testing establishes his paternity. Testing can be done by a county child support agency. Both parents must be at least 18, and there must be no other paternity presumption.
Establishing paternity does give a biological father the right to be listed on a child’s birth certificate. It also obligates him to pay child support. However, in Nevada, establishing paternity does not automatically give an unmarried father the right to visitation or custody.
Can an Unmarried Father Take a Child from the Mother?
It is possible that an unmarried father, instead of the child’s mother, would be able to win sole parental responsibility for a child in Colorado, but it is unlikely. As noted above, the father would first have to establish his paternity. Then, a Colorado court would apply the child’s best interest standard when deciding the assignment of parental responsibilities between the parents.
Colorado courts are likely to prefer that parents share parental responsibility. As noted above, Colorado parental responsibility law for unmarried parents includes two factors: parenting time and decision-making ability.
Parenting time is the number of overnight stays a child spends with each parent per year. The court allocates parenting time based on the child’s best interests. Factors that influence how parenting time is allocated include the following:
- The parents’ wishes
- The child’s wishes if they are old enough to make mature decisions
- The caretaking history of each parent
- The physical and emotional health of the parents and their child
- The child’s relationship with each parent and any siblings.
The court also considers who should make decisions for the child. The 2 parents may wish to make decisions jointly or to divide decision-making responsibility between them. The major decisions that need to be made in connection with a child’s upbringing are:
- Medical care
- Religion
- Which school the child attends
- Diet
- General welfare
Keep in mind that both parents have a say in those decisions unless the court grants sole decision-making responsibility to only one of them.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
In Colorado, courts apply the “best interests of the child” standard when making parental responsibility decisions. This is also the case when the parents are not married to each other. In addition, as noted above, courts presume that it serves the best interests of the child for both parents to be involved in their child’s upbringing.
The parental rights of unmarried fathers depend on several factors that relate to the child’s best interests standard. These would include the following:
- The character and quality of the father’s relationship with the child
- Whether the father has a history of child abuse
- Whether the father has a history of domestic violence
- Whether the father has alcohol or other substance abuse issues
These are not the only factors, of course, just a few of the factors that a court would think are relevant. An individual can find out more information during their legal consultation with their attorney.
What Are Some Other Issues That Unmarried Parents May Experience?
It is important to keep in mind that unmarried parents may always negotiate a parenting agreement for themselves. They may refer to it as a “parenting agreement” or “parenting plan.” The agreement would contain information about how the parents would manage parental responsibilities, parenting time, and child support.
The agreement would want to address the issue of where a child lives, whether primarily with one parent or equally with both, and who is going to make decisions.
The parents would be able to share parenting responsibilities and decision-making or assign one or both to only one parent.
A good parenting plan would include processes for the parents to use in making decisions together if that is their wish. The plan could provide that one parent or the other would have the last word on decision-making if a disagreement cannot be resolved. It might also include provisions for how the plan may be changed.
Of course, a complete parenting plan would have to address the issues of child support and how all of the costs associated with child-rearing would be paid by the parents. It would also state how agreements regarding finances might be changed.
Attorneys may help unmarried couples negotiate a parenting plan. Mediation might also help unmarried parents design a plan that works for them. The main goal is for the parents to agree on all plan terms. They may then submit it to the court. The court would review the plan. If the court thinks it serves the best interests of the child, they would approve it and make it a court order in the future.
If the parents are not able to reach an agreement on their own, one or the other may file a motion in court asking that it approve their preferred plan. Of course, either parent may also ask the court for the parental responsibility and parenting time that they prefer.
The motion would be heard by the court. The hearing would resemble a trial in court, but there would not be a jury. The judge makes the final decision after hearing the evidence and arguments of the parties.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you are not married to the other parent of your child, or even if you are and you have custody issues, you want to consult a Colorado child custody lawyer. LegalMatch.com can quickly connect you to a lawyer who can review the facts of your case and advise you on how to get the solutions you seek.
