As family norms continue to evolve and diversify, the definition of a “parent” now extends beyond biological ties. It has long been said that it takes a village to raise a child, and many individuals who play a key role in a child’s life may wish to adopt a new legal standing regarding that child, particularly in the event of a divorce or separation from the child’s biological parent or upon the death of a biological parent.
There are various avenues open to non-biological parents who wish to seek custody or take on parental responsibilities for a child. Here is a closer look at who non-biological parents are, their rights, and the circumstances under which they may seek custody. We also explain how and when a court is likely to deem contact with a non-biological parent to be in a child’s best interest.
Understanding parental responsibility
In Colorado, it is more common to use the term “parental responsibility” than “custody,” as this broader definition encompasses both parenting time and decision-making responsibilities.1 A person with parental responsibility for a child can make major decisions about that child’s life, including their religion, education and access to healthcare. Parenting time describes the time that the person spends with the child.
Who are non-biological parents?
Non-biological parents are any adults who have no direct genetic link to the child but who have developed a deep and meaningful relationship with them. For example, stepparents or a biological parent’s unmarried partner would be considered non-biological parents, as would aunts, uncles, grandparents, and on some occasions, close family friends.
Colorado law recognizes that non-biological parents often play an important role in a child’s life, supplementing their biological parent’s input and providing them with an extended safe, nurturing environment in which to grow and develop.
Why would a non-biological parent want parental responsibility?
There are three main reasons a non-biological parent may wish to assume parental responsibility for a child.
The first case is when they are the child’s stepparent or the unmarried partner of the biological parent and wish to formalize their relationship with the child. This may be to strengthen family bonds or to simplify their legal standing, or because they are seeking to separate from the child’s biological parent but wish to maintain a relationship with the child.
In some cases, a non-biological parent will wish to assume parental responsibility for a child when they are concerned for the child’s welfare. If a biological parent is unable, unwilling, or unfit to care for their child, it may be in the child’s best interest for a different adult to take responsibility for their well being.
The third reason is that the biological parent either has a terminal illness or is deceased, and the child must be cared for by a non-biological parent with whom they have an established, positive relationship.
In situations where a non-biological parent has had physical custody of a child for a continuous period of six months or more, the court will consider formalizing the relationship upon receipt of an Allocation of Parental Responsibilities petition in order to provide the child with long-term stability.2
Prioritizing the child’s best interests
The primary consideration for any child custody case in Colorado is whether the proposal is in the child’s best interests.3 The court will examine various factors to make this determination, including:
- The wishes and preferences of the child’s biological parents
- The child’s preferences, in cases where they are old enough or mature enough to express that preference
- The child’s existing familial relationships
- The child’s adjustment to their home, school, and community
- The mental and physical health of all individuals involved
The court will holistically evaluate the full circumstances of each individual case to arrive at an arrangement that can deliver the greatest benefit to the child’s health, happiness and overall well being. The most likely outcomes are that the court will either award sole parental responsibility to the biological parent(s) or direct that parental responsibility be shared by biological and non-biological parents.
There are some circumstances in which the court will determine that a non-biological parent who has formed a significant and nurturing relationship with a child should have sole parental responsibility for them, and biological parents must be aware that this is a potential outcome.
However, the process requires specific legal criteria to be met and dictates that arrangements must always be made with the sole intention of serving the child’s best interests. This is a complex and emotionally sensitive area of family law and one that always requires the input of experienced family law practitioners.
To discuss your particular case, contact Lewis & Matthews, P.C. today.
Resources
- https://www.findlaw.com/state/colorado-law/colorado-child-custody-laws.html#:~:text=As%20a%20result%2C%20there%20is,may%20be%20joint%20or%20primary ↩︎
- https://www.courts.state.co.us/userfiles/file/Court_Probation/18th_Judicial_District/Douglas/Custody%20Case.pdf ↩︎
- https://casetext.com/statute/colorado-revised-statutes/title-14-domestic-matters/dissolution-of-marriage-parental-responsibilities/article-10-uniform-dissolution-of-marriage-act/section-14-10-124-effective-until-872024-best-interests-of-the-child#:~:text=The%20court%20shall%20determine%20the,needs%20of%20the%20child%20as ↩︎
