If the father is not on the birth certificate, what rights do they have? You can file either a paternity action or an action for allocation of parental responsibilities. As part of that proceeding, if it’s a disputed fact you can ask that a paternity test be done to establish paternity with your child. You can move forward with a court proceeding. If the question of whether or not you’re the dad is an issue, you can ask for a paternity test. There’s no prejudice to you for asking for a paternity test. Then assuming you are indeed the father of the child, you can then ask for child support and a parenting time order to be established. You can have a specific schedule established regarding when you’re going to see your child, what holidays and vacation parenting time is going to look like, and how major decisions are handled for the child. We encourage joint decision making and co-parenting whenever possible because we have determined that in most instances, that is in the child’s best interest. Absolutely come in and see me. We can see about establishing your rights as a dad.
First we need to look and see whether or not you’re listed on the birth certificate, that’s one factor to consider. If you are not married you can file an allocation for parental responsibilities to establish parenting time and decision making with your child. You can also get a court order that requires your name to be added to the child’s birth certificate. This action is filed in the county where you reside and as part of that action we will come up with a parenting plan and a child support order that works for your unique situation.
There is no presumption in favor of either parent in Colorado. We’re going to assume that both parents of capable of parenting their child, and we are not going to presume that the mom is better capable of parenting the child as compared to the dad.
We look, again, at what is in the child’s best interests. Just because you aren’t married doesn’t mean that you don’t have rights for your child. The court would look at the same factors as if you were, indeed, married. So again, we look at the history and quality of the relationship with the child and each parent. We look at the bond that the child has with each parent. We look at your ability to support each parent’s relationship with the child. We look at practical factors in terms of are you going to be able to actually step up and exercise the parenting time that you are awarded by the court?
Well, yes and no. First off, children are going to know if you’re separating from your husband, or your partner, or your spouse. You need to talk to the children about the fact that mommy and daddy, or mommy-mommy, or daddy or daddy, depending on the circumstances, aren’t going to be together anymore. It doesn’t mean that either parent doesn’t love the child. You want to make the children feel secure. If there’s going to be a change in living situation, you need to talk to the children about that.
First off, you should expect that the judge is going to expect that you’re going to be prepared to present your case. You need to think about logistics. In other words, if you are arguing that you should have the children most of the time, the judge is going to want to know whether or not you realistically can get them to where they need to be, when they need to be there. Can you get them to school on time? Can you pick them up from school on time? Does your work schedule support what you’re asking the court to do?
The answer is “Yes,” and it depends upon a number of different factors. If it’s a situation where you would like to adopt your stepchild, then you would need to show that the biological parent of the child consents to you adopting the child or that there has been abandonment or failure to support the child for a period of at least one year. If that’s the case, then you can file a petition for a stepparent adoption.
There is a specific procedure that you have to go through. I can help you with that process. Essentially you have to go and get fingerprinted. You have to do a background check. You have to do what’s known as a trails check, which is to make sure you haven’t had any complaints lodged against you for child-related reasons. Then you have to file a petition for stepparent adoption with the court in the county where you reside.