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Dedicated Advocates.

What are the legal rights of unmarried parents?

On Behalf of | Dec 18, 2024 | Family Law

Unmarried parents often face unique legal challenges when determining paternity and custody arrangements. 

Colorado law provides specific guidelines to establish parental rights and responsibilities to protect the child’s best interests.

Establishing paternity

In Colorado, paternity must be legally established to secure parental rights for an unmarried father. This can happen when both parents sign an Acknowledgment of Paternity. If there is disagreement, paternity can be determined through genetic testing ordered by a court. Once established, paternity grants rights such as seeking custody, parenting time, and decision-making responsibilities.

Understanding custody rights

Colorado law uses the term “parental responsibilities” instead of custody. Both parents have the right to seek parenting time and decision-making authority, regardless of their marital status. Courts prioritize the child’s best interests when determining these responsibilities, considering factors like the child’s relationship with each parent, stability, and the ability to provide a safe environment.

Child support obligations

Establishing paternity also ensures financial support for the child. In Colorado, child support is based on each parent’s income, the number of overnight stays with the child, and other relevant expenses. Both parents are expected to contribute to the child’s needs.

Relocation and decision-making

Unmarried parents must adhere to specific guidelines if one parent plans to relocate with the child. Colorado requires notice to the other parent and court approval in cases where relocation would significantly affect parenting time. The court evaluates whether the move aligns with the child’s best interests.

Building a foundation for co-parenting

Unmarried parents can navigate paternity and custody matters successfully by focusing on the child’s well-being. Establishing clear legal rights and responsibilities creates stability and fosters a cooperative co-parenting relationship, benefiting everyone involved.

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