When unmarried parents separate, questions about parental rights, parenting time, and decision-making can create uncertainty. Colorado does not automatically favor a mother or deny an unmarried father parental rights. However, legal parentage may need to be established before the court allocates parental responsibilities.
Every family situation is different, and assumptions about parental rights do not always reflect Colorado law. Learning the truth behind common custody myths can help you understand your options and make informed decisions about your child’s future.
At Pesch Law Office PC, we help unmarried parents address custody concerns and understand their rights under Colorado family law. We guide parents through custody matters and help them work toward arrangements that serve their children’s best interests.
We serve families throughout Denver, Colorado, the Denver metro area, Golden, Weld County, Broomfield County, Boulder County, Jefferson County, Highlands Ranch, Douglas County, Littleton, Arapahoe County, and Columbine. Contact us today to discuss your custody concerns.
1. The Mother Automatically Gets Custody
One common misconception is that a mother automatically receives permanent custody because the parents were not married when the child was born. When a Colorado court allocates parental responsibilities, it bases its decision on the child’s best interests rather than either parent’s sex.
Courts consider factors such as each parent’s relationship with the child, past involvement, ability to place the child’s needs first, and ability to encourage the child’s relationship with the other parent. The court must also consider concerns involving domestic violence, child abuse, or the child’s safety.
Our child custody lawyer can explain how Colorado courts evaluate parenting arrangements and what evidence may be relevant. Once legal parentage has been established, both parents can request parenting time and decision-making responsibilities.
2. Unmarried Fathers Have No Custody Rights
Unmarried fathers do not automatically have fewer substantive rights than mothers, but legal parentage must be established before a father can enforce those rights through the court. Signing an acknowledgment of parentage or obtaining a court determination can establish the legal parent-child relationship. Establishing parentage does not, by itself, create a parenting-time schedule or allocate decision-making authority.
Important steps for unmarried fathers can include:
Establishing parentage: Legal parentage creates the foundation for requesting parenting time and decision-making responsibilities.
Requesting parental responsibilities: Either legal parent can ask the court to establish decision-making authority and a parenting schedule.
Maintaining involvement: Consistent, appropriate participation in the child’s life may be relevant when the court evaluates the child’s best interests.
Keeping records: Documentation of involvement, communication, and support may be useful during custody proceedings.
Legal parentage is an important part of protecting an unmarried father’s rights. An attorney can explain the available methods for establishing parentage and requesting an allocation of parental responsibilities.
3. Custody Only Refers to Where a Child Lives
Many people believe custody determines only where a child lives or spends time. Colorado law generally uses the term “parental responsibilities,” which encompasses both parenting time and decision-making authority.
Areas addressed by a parenting arrangement can include:
Parenting schedules: A plan can establish when the child spends time with each parent.
Education decisions: The order can allocate responsibility for decisions involving schooling and educational needs.
Medical decisions: Parents may receive sole or joint authority over major healthcare decisions.
Religious upbringing: The parenting plan may address authority over the child’s religious upbringing.
Daily care decisions: Each parent generally makes routine decisions while the child is in that parent’s care, subject to the parenting plan and court orders.
An allocation of parental responsibilities addresses the broader legal and practical responsibilities involved in raising a child. Decision-making authority may be shared, divided by subject, or allocated primarily to one parent, depending on the child’s best interests.
4. Parents Who Aren’t Married Don’t Need a Custody Order
Some unmarried parents believe they do not need a formal parenting arrangement as long as they currently agree. Informal arrangements can work temporarily, but they may become difficult to enforce if disagreements arise. A court order can establish each parent’s rights and responsibilities and provide a framework for resolving future disputes.
A custody order can address important issues, including:
Parenting-time schedules: A written plan can establish when each parent spends time with the child.
Decision-making responsibilities: The order can identify who has authority over major decisions and whether that authority is shared.
Communication expectations: A parenting plan can describe how parents will exchange information concerning the child.
Travel considerations: The plan can address notice, transportation, vacations, and other travel-related matters.
Future disagreements: An enforceable order provides clear terms if conflicts arise.
Even when parents agree, they can ask the court to approve a parenting plan. A lawyer can review the agreement, identify unresolved issues, and explain the process for obtaining an enforceable order.
5. Child Support and Custody Are the Same Issue
Child support and parental responsibilities are distinct legal issues, although they can be addressed in the same court proceeding and can affect one another. Colorado calculates child support using factors that include the parents’ incomes, certain child-related expenses, and the number of overnights the child spends with each parent.
A parent generally cannot avoid child support by choosing not to exercise parenting time. Likewise, a parent should not deny court-ordered parenting time because the other parent has fallen behind on support. Courts address violations of support and parenting orders through separate enforcement procedures.
Recognizing the difference between these issues can help parents avoid actions that may violate a court order or harm their position. An attorney can explain how Colorado handles parenting responsibilities and financial support in an unmarried-parent case.
Our Child Custody Lawyer Can Help Unmarried Parents Protect Their Rights
Custody matters involving unmarried parents often raise questions about legal parentage, decision-making responsibilities, and parenting schedules. Separating fact from fiction can help you understand your responsibilities and the options available for creating a stable arrangement for your child.
At Pesch Law Office PC, we review your circumstances, explain Colorado law, and help unmarried parents establish or modify parental responsibilities. We serve families throughout Denver, Colorado, the Denver metro area, Golden, Weld County, Broomfield County, Boulder County, Jefferson County, Highlands Ranch, Douglas County, Littleton, Arapahoe County, and Columbine. Contact us today to discuss your custody matter.
