Custodial Rights of Colorado Fathers

October 22, 2011

Custodial Rights of Colorado Fathers

Colorado courts cannot make gender based decisions, thus they cannot favor the mother or father. Instead courts must focus on the best interests of the child. By using the multi-faceted best interest factors, Colorado courts can tailor custody decisions on a case-by-case basis. There is no traditional case any longer in Colorado.

Colorado expressly identifies the importance of a father's rights. A man is presumed to be the father of a child if he and the child's mother are married at the time of birth or if he accepts a minor child into his home and holds out the child as his natural child. Unmarried fathers need to establish paternity and can do so with a voluntary acknowledgement of paternity. Stepfathers also have rights if they have been the psychological parent.

Establishing Paternity

A voluntary acknowledgement of paternity is legal 60 days after execution of the acknowledgement (this is not a court action) or on the date the court orders paternity to determine support of the child or to establish the allocation of parental rights for either party.Genetic testing may be required or requested when paternity is in dispute.

Legal findings of paternity are final unless the challenger can prove fraud, duress or mistake of material fact when he signed the acknowledgement of paternity (depending on the challenge to paternity there could be a different statute of limitations for that case). The legal responsibilities of paternity, including child support, continue even while the paternity is being challenged.

Parenting Time

In all cases of divorce, the allocation of parental rights (when paternity is not in dispute) or after paternity has been established, fathers have the right to petition the court for parenting time, including primary residence. When the minor child's parents are not married, a father can request parenting time, including primary residence from a court in the county where the child lives. Parenting time can include, primary residence, fifty/fifty parenting time, weekend parenting time, or week night depending upon the facts of each case. Vacations and holiday parenting time will also be determined for the parents. Parenting time is first a right of the child and the parents' rights are secondary, so a parent will not be awarded parenting time if it is not in the best interests of the child. Parenting time plans are customized by the courts to meet the needs of the child after considering his/her best interests.

Decision making will also be determined by the court. Joint decision making is when the parents confer with one another before making any decisions regarding education, medical/dental, religious, and oftentimes daycare. In that situation if the parties do not agree they must go to mediation or ultimatel have the court decide if they are at a stalemate. Sole decision making allows one parent to make all decisions.

If you have any questions regarding parenting time with your child or a determination of paternity, contact an attorney to discuss your rights and responsibilities.

Article provided by Jennifer Anntoinette Rivera & Associates
Visit us at http://www.riverafamilylaw.com