Custody Lawyers for Unmarried Parents in Denver

Being a parent is one of life’s most rewarding roles, yet it comes with its own set of worries when you are not married to your co-parent. While your love for your child is not defined by a legal document, your rights might be. If you are separating or simply need to establish a formal schedule, it helps to know how the local laws apply to your situation.

Colorado law focuses heavily on the child’s well-being rather than the parents’ relationship status. However, unmarried parents often face a slightly different path than married couples when establishing their legal rights. Our custody lawyers at Women’s Divorce & Family Law Group can help you make sense of them.

The Role of Paternity in Colorado

For unmarried mothers, parental rights are generally automatic upon birth. For fathers, the situation is different. If you were not married when the child was born, you must establish paternity to gain legal standing. Without this, a father may have no legal right to schedule parenting time or have a say in how the child is raised.

There are a few common ways to handle this in Colorado:

• Voluntary Acknowledgement of Paternity: This is often done at the hospital when the child is born. Both parents sign a form that legally names the father.
• Legal Action: If the form was never signed, either parent can ask the court to determine parentage. This process frequently involves genetic testing. Under state law, if a DNA test shows a 97% or higher probability, the court presumes paternity.

Once paternity is established, the court views unmarried parents through the same lens as divorced parents. The focus shifts entirely to the arrangement that best serves the child.

Allocating Parental Responsibilities

Colorado courts moved away from the term “custody” several years ago. The state now uses the term “Allocation of Parental Responsibilities.” This change reflects a desire to focus on the duties of parenting rather than the possession of a child.

An Allocation of Parental Responsibilities case addresses two distinct areas:

1. Decision-Making Responsibility

This refers to the authority to make major life choices for your child. These decisions usually involve healthcare, education, and religious upbringing. The court can allocate this responsibility to a single parent or split it between both parents. In many successful co-parenting arrangements, parents share this duty and must consult one another before making big changes.

2. Parenting Time

Previously known as visitation, parenting time is the actual schedule the child follows. This dictates when the child sleeps at each house and how holidays are divided. The courts generally believe that it is healthy for a child to have frequent contact with both parents. Schedules can be flexible to accommodate your family’s unique needs and work commitments.

The Best Interests of the Child

When parents cannot agree on a plan, a judge will step in to decide. Colorado law requires the court to prioritize the “best interests of the child” above all else. This standard is designed to protect the child’s emotional and physical safety.

Factors the court considers include:

• The emotional bond between the child, the parents, and any siblings.
• The child’s adjustment to their current home, school, and community.
• The mental and physical health of all individuals involved.
• The ability of each parent to encourage a loving relationship between the child and the other parent.
• The wishes of the parents and, depending on maturity, the child.

Choose Compassionate Support for Your Family

Facing a legal battle over your children can feel incredibly stressful. You want to protect your relationship with your child, but the legal procedures can be confusing to manage on your own.

At Women’s Divorce & Family Law Group, we offer supportive, judgment-free counsel. We understand that your family is the most important thing in your life, and we are here to help you reach a resolution that provides peace of mind for everyone involved. Schedule a consultation with our experienced team today to discuss your case and learn how we can assist you.