Paternity is the legal relationship between father and child. This is not the same as biological or genetic paternity, although these problems are often linked. When a child is born to parents married in Colorado, paternity is usually automatically established. However, if the parents are not married, additional legal measures are needed to establish paternity. Establishing paternity of a child born to unmarried parents contributes to the protection of the child`s well-being by ensuring that the child has access to the same rights, benefits and legal protection as children of married parents. For example, if paternity has not been established, a child born to unmarried parents in Colorado may not be eligible for health care or other benefits provided by his or her father`s employer. In addition, establishing paternity allows the child to receive social security or survivor benefits if the father dies or becomes disabled. However, legal paternity status does not automatically give entitlement to certain visitation, decision-making or custody rights. These are issues that require legal action. If the relationship is friendly, both parents can make agreements in all these areas. However, the father must be aware that if these agreements are not consolidated in court, the mother can reverse her decision at any time and he has no recourse. Since the mother has custody, she can deny the single father parental access and decision. If this ever happens, the father must take legal action to establish his parental status in order to obtain the desired rights.
Colorado`s paternity jurisdiction means Colorado can assess paternity, change the child`s birth certificate, and order child support and birth expenses. Under UCCJEA, only the child`s home state can decide custody and parenting issues, so if Colorado is the child`s home state, the Colorado Paternity Judge can also determine those parenting issues. Determining paternity is important not only for the father of the child, but also for the mother. Unmarried parents may not be entitled to certain benefits if paternity is not established. A biological father may want parental leave or custody of his or her child; The mother cannot receive child support if paternity is not established. There are certain steps in this process for unmarried fathers: Once the court documents a child`s official parentage, a custody dispute between unmarried parents works almost similarly to a custody dispute between married or divorced parents. The court`s first priority is the best interests of the child, and the judge hearing the case examines each parent`s financial situation, living situation, criminal record and parental duties. The parties may jointly proceed to a voluntary acknowledgement of paternity by the State of Colorado. This form legally establishes the father`s paternity and is legally binding after 60 days.
Keep in mind that the acknowledgement itself does not stipulate child support, custody, or a parenting plan – if the parties don`t agree on this, they`ll still need a court order. For a father to have rights and participate in the lives of his children, paternity must be established; It is not enough to claim paternity. The process of establishing parental rights is simple when the child`s birth certificate is signed by the father. If not, there are two ways to establish paternity. Colorado passed the Uniform Filage Act, codified at 19-4-101, ff. Under this Act and the Colorado Long Guns Act at C.R.S. 13-1-124, the Colorado Juvenile Court has jurisdiction if the child or a parent lives in Colorado and one of the following conditions is met: Once paternity is established, you have the same right to raise your children as a married father. It is best to establish your parenting rights for your child or children through a court-approved agreement if you and your child`s mother agree. Otherwise, you will have to file an application for parental responsibility and go through a court process for parental leave and decision-making orders. Contact our family law attorneys at The Drake Law Firm, PC to begin your paternity proceedings and secure your legal rights as a father.
Why would a father want to establish paternity? Paternity gives fathers legal rights over their child. The rights include the right to apply for access or custody. The child receives benefits when the father formally establishes paternity. These benefits may include: www.cdc.gov/nchs/pressroom/sosmap/unmarried/unmarried.htm if married couples file for divorce and child custody becomes an issue, parents are likely to file a voluntary acknowledgement of paternity (PVA). Unmarried parents who accept paternity of the children in question may also submit this form. Voluntary recognition of paternity allows fathers to legally establish paternity in custody matters. It is important that fathers take this process seriously and not acknowledge paternity without proof. If the parents disagree on the paternity of a child, the judge hearing the case will probably issue a paternity test to confirm the child`s parentage.
Ultimately, unmarried parents need reliable legal representation in a custody dispute to protect their right to privacy as well as their custody rights. A lawyer can help a single father establish paternity to ensure custody, or help him fight an inaccurate paternity claim if necessary. Single mothers and fathers can also make consensual custody and support arrangements with the help of experienced family law lawyers. Ultimately, laws are intended to protect the well-being and interests of children, regardless of their parents` circumstances. Custody, visitation and other issues can be difficult to resolve when parents are divided, emotional, and concerned about their children. At Johnson Law Group, our family law lawyers provide legal support and advice to those going through difficult times. You are invited to contact us at (720) 463-4333 or by SMS (720)-730-4558. Naturally, such news can be troubling. If this is a problem, it is important for you to know that 60 days after a man signs a paternity acknowledgement form, it becomes a “legal determination of paternity”. If this has happened to you and less than 60 days have passed since birth, contact a family law lawyer to resolve the issue quickly.
You will need to undergo a paternity test to determine if you are the father of the child. In Colorado, issues between unmarried parents are treated in the same way as custody disputes between married parents.