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In Colorado, a father has the same rights to parenting time and decision-making as a mother once his legal parentage is established. Courts decide parenting issues by the child’s best interests and may not presume that either parent is better suited because of sex.
Here is how fathers establish parentage, how courts treat parenting time, and what to do if involvement is being denied.
Rights start with legal parentage, which Colorado paternity law sets out. A person is presumed to be a parent in several situations, including being married to the parent who gave birth when the child is born. A filed voluntary acknowledgment of parentage is equivalent to a court finding and carries all the rights and duties of a parent.1
If no presumed parent exists, a man alleging himself to be the father can bring an action to establish the father and child relationship.2 Unmarried fathers often establish parentage through an acknowledgment or a court order as a first step.
When deciding parenting time or decision-making, the court may not presume that any person is better able to serve the child’s best interests because of that person’s sex.3
The court can order parenting time that serves the child’s best interests. It may not restrict a parent’s time without finding that the time would endanger the child’s physical health or significantly impair emotional development.4 Your involvement in the child’s life is evidence that matters.
Fathers who document their involvement early are in a stronger position to protect it. Johnson Law Group offers a no-pressure consultation to review your situation, so schedule a consultation before a dispute grows.
If the other parent does not follow the schedule, the court can order remedies such as make-up parenting time, a finding of contempt, or a hearing to modify the plan.5
Parentage brings duties as well as rights. Paying support as ordered and staying involved both show the court your commitment to the child.
A father’s rights in Colorado are equal under the law, but they have to be established and protected. Johnson Law Group is here to help.
The attorneys at Johnson Law Group help fathers establish parentage, secure parenting time, and enforce orders and will give you a clear read on your options. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.
[1] C.R.S. § 19-4-105(1), (2)(a.5), (2)(d) – Presumptions of parentage; voluntary acknowledgment of parentage equivalent to an adjudication | https://colorado.public.law/statutes/crs_19-4-105
[2] C.R.S. § 19-4-107(3) – Action to establish the father and child relationship when there is no presumed father, including by a man alleging himself to be the father | https://colorado.public.law/statutes/crs_19-4-107
[3] C.R.S. § 14-10-124(3) – No presumption that a person is better able to serve the child’s best interests because of sex | https://colorado.public.law/statutes/crs_14-10-124
[4] C.R.S. § 14-10-129(1)(b)(I) – No restriction of parenting time without a finding of endangerment or significant emotional impairment | https://colorado.public.law/statutes/crs_14-10-129
[5] C.R.S. § 14-10-129.5 – Disputes concerning parenting time; make-up time, contempt, modification hearing | https://colorado.public.law/statutes/crs_14-10-129.5
Written by Denver Family Law Attorney Myles S. Johnson
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