Single Mother Custody Rights in Colorado

When it comes to divorce or separation from an individual with whom you share a child, addressing the issue of child custody must be done. It is important to understand that every custody situation is unique, as each family situation is different from another.

As a legal term in Colorado, the term “child custody” is more accurately referred to as “parental responsibilities,” and it has two main components:

• Decision-Making Responsibilities: This includes the authority to make important decisions regarding the child’s upbringing, including their education, healthcare, religious instruction, and other significant areas of the child’s life
• Parenting Time: Parenting time refers to the time each parent spends with the child, including the schedule for where the child will live and how much time they will spend with each parent

In Colorado, child custody is governed by Colorado Revised Statutes (“C.R.S.”) Title 14, Article 10, Section 14-10-124, which focuses on the best interests of the child. That law outlines how parental responsibilities, including parenting time and decision-making responsibilities, are determined.

Examples of single mother custody rights you have as a single mother with legal custody under Colorado law:

• Educational Decisions: Single mothers have the right to make important decisions about their child’s education, including choosing schools, approving special education services, and participating in parent-teacher meetings
• Healthcare Decisions: Mothers can make decisions about their child’s medical care, including selecting healthcare providers, approving medical treatments, and accessing medical records
• Religious Upbringing: They have the authority to decide on their child’s religious upbringing, including participation in religious activities and education
• Extracurricular Activities: They can determine which extracurricular activities their child will participate in, such as sports, arts, and other enrichment programs
• Daily Routine and Welfare: They have the right to make decisions about their child’s daily routine, living arrangements, and overall welfare
• Legal Matters: They can also represent their child in legal matters and make decisions about any legal issues that may arise

Once again, when making custody decisions, Colorado will always adhere to the child’s best interests standard. The child’s best interest standard is a legal standard that states that all child custody laws will place the child’s interests and backgrounds above the parent’s personal preferences when determining whom to grant custody to.

Colorado law generally presumes that it is in the best interest of the child to have significant time with both parents. However, that presumption can indeed be challenged. In fact, any party involved in a custody case can present evidence to show that spending time with one parent may not be in the child’s best interest.

In Colorado, if you are a single mother at the time of your child’s birth, you are automatically awarded sole legal and physical custody of your child. That legal right grants you the exclusive right to make important decisions regarding your child’s upbringing, including the rights listed above. Additionally, your child will reside with you.

However, it’s important to note that the child’s father can establish paternity and seek custody or parenting time through the court. In such cases, the court will then consider the best interests of the child when determining custody and parenting time arrangements.

Custody laws for unmarried parents are different from custody laws for married parents. As such, it is important to have an understanding of Colorado law on child custody if you are a single mother.

Are There Different Types of Child Custody?

Yes, Colorado recognizes different types of child custody, which, as noted above, are known as “parental responsibilities.” Those forms of child custody include:

• Legal Custody (Decision-Making Responsibilities), which can be ordered as either:
  • Sole Legal Custody: In this custody arrangement, one parent has the exclusive right to make major decisions regarding the child’s upbringing, such as education, healthcare, etc.
  • Joint Legal Custody: In this arrangement, both parents share the responsibility and collaborate on major decisions about the child’s upbringing
• Physical Custody (Parenting Time):
  • Sole Physical Custody: In this arrangement, the child resides primarily with one parent, who is responsible for the child’s day-to-day care. The non-custodial parent may have visitation rights or parenting time
  • Joint Physical Custody: In this preferred arrangement, the child spends significant time with both parents, and the parents share day-to-day responsibilities for the child’s care. It is important to note that this does not necessarily mean an equal split of time but aims for a meaningful involvement from both parents.

Who Determines Child Custody?

Child custody decisions in Colorado are made by a judge in Family Court. The court’s primary consideration is the best interests of the child, and it evaluates various factors to make this determination, including:

• The Child’s Wishes: If the child is mature enough, the court may take their preferences into account
• Parent-Child Relationships: The existing relationship and bond between the child and each parent is also considered
• Parental Ability: Each parent’s ability to provide a stable, loving, and nurturing environment
• Physical and Mental Health: The physical and mental health of both the child and the parents
• History of Abuse or Neglect: Any history of abuse, neglect, or domestic violence is especially considered if one party is seeking sole custody
• Stability of Environment: The stability and continuity of the child’s current living situation
• Parental Involvement: The extent of each parent’s involvement in the child’s life, including their participation in education, healthcare, and daily activities
• Cooperation Between Parents: Each parent’s willingness and ability to foster a positive relationship between the child and the other parent

The court will try and create a custody arrangement that serves the child’s well-being and stability in both the present and future.

Can a Father Take a Child Away From the Mother?

As mentioned above, there are certain situations that may result in a court revoking a mother’s custody rights over their child or children. However, in Colorado, a father cannot simply take a child away from the mother without legal grounds or a court order.

If there is a custody order in place, taking the child without permission would violate that order and could be considered parental kidnapping. In order for an unmarried father to gain custody or visitation rights, he must first establish paternity.

Once paternity is established, he can petition the court for parental responsibilities, including custody and parenting time. The court will then decide based on the best interests of the child.

Examples of reasons that a court may grant a father the right to take a child away from their mother include:

• Evidence of Abuse or Neglect: If there is proof that the mother has been abusive or neglectful towards the child
• Unfitness of the Mother: If the mother is deemed unfit to care for the child due to issues such as substance abuse, mental health problems, or criminal behavior for which she has been found guilty
• Best Interests of the Child: If the court determines that living with the father is in the best interests of the child, considering factors such as the child’s age, health, and emotional needs, that may result in the father obtaining additional custody
• Parental Alienation: If the mother has been actively trying to alienate the child from the father, negatively impacting the child’s relationship with the father, that evidence may be used to decrease her custodial rights

Can I Move With My Child Without the Father’s Permission?

In Colorado, if you want to move with your child and that move would significantly impact the current custody arrangement or the other parent’s visitation rights, you generally need the father’s permission or a court order. This is especially true if the move is out of state or a considerable distance away.

Importantly, if the father agrees to the move, you can file a “Stipulation to Relocate Minor Children” with the court. If he does not agree, you will need to file a “Motion to Relocate Minor Children,” and the court will decide based on the best interests of the child. If there is a geographic restriction present in the custody order, then you will first need to seek permission from the court to move.

A local Colorado lawyer will be able to answer any questions you may have regarding whether or not your child custody order permits you to move. If you do not have an order, they will also be able to help you obtain one, if necessary.

Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?

As a single mother, if you are in a situation where your custodial rights are being challenged, then it is in your best interests to immediately consult with an experienced Colorado child custody attorney.

LegalMatch can assist you with locating and setting up a legal consultation with an experienced child custody attorney in your area. They can help you understand Colorado’s specific laws regarding child custody.

An attorney can help you face any allegations of child abuse and neglect and ensure that your parental rights are protected throughout any legal proceeding. Finally, a custody lawyer can ensure that you have a solid child custody order and also represent you in any in person court proceeding.