Denver Fathers Rights Attorney
Advocating For Child Support of Divorced Fathers
Children thrive most when they have the love and support of both parents in their lives. Unfortunately, there are some cases where fathers are estranged from their children by the mother of the child or by an unfair court decision. Whatever the case may be, if you are a father looking to protect your right to be involved in the lives of your children, then Denver Family Lawyers is here for you.
Is Colorado A 50/50 Child Custody State?
Colorado is not a 50/50 state when it comes to child custody arrangements. Family court makes decisions on child custody based on the best interests of the child(ren). Consult with a qualified child custody attorney regarding your case.
Men’s Rights to Custody, Child Support, Maintenance & Other Issues in Divorce
Fathers have a Constitutional right to parent their children—a right that is equal to that of the mother. In Colorado, the Court equally weighs the involvement of both the father and the mother in the lives of their children during the divorce process. This means that, as a father, you have an equal right to fair and just decisions regarding:
When children are involved, the Court makes decisions based on the best interests of the child. If you believe that your child’s interests are met with your involvement in their life and/or your ability to help make important life decisions on their behalf, then you need an expert advocate on your side.
How to Establish Paternity in Colorado
Paternity confirms a father’s legal status as the parent of a child. It typically comes into play when a child is born to unwed parents. A father who is not married to the mother at the time she gives birth to their child will need to establish paternity—either voluntarily or in compliance with an administrative or judicial court order—to be granted paternal rights.
Voluntary Acknowledgement of Paternity
Paternity may be made official by signing a Voluntary Acknowledgement of Paternity by both parents. This simple form, which must be signed by each party of their own volition, effectively establishes paternity.
This form can be signed at the hospital upon the birth of the child in question. If the couple is unable to do so at the hospital, they may visit the Office of Vital Records and Statistics to complete and file the document. Whether completed at the hospital or elsewhere, doing so will effectively establish paternity and add the father’s name to the child’s birth certificate.
After 60 days of signing the acknowledgement of paternity, it cannot be rescinded by either parent without court action.
Administrative Paternity Orders
Involuntary paternity orders can avoid involvement of the justice system if done administratively. An Administrative Paternity Order is issued as soon as either parent applies for child support in Colorado. An order can be issued to legally establish paternity after some standard proceedings, which may involve DNA testing.
Judicial Paternity Orders
Judicial paternity orders are the result of court actions. The matter is handled by a judge or magistrate overseeing the case who has the power to decide paternity based on the evidence provided by each party. Given an appropriate depth of convincing information, the judge may declare paternity.
The case can be initiated by a number of involved parties, including:
- The child, if they are over 18
- The child’s personal representative, if they are under 18
- The child’s mother
- The putative father, or the man who believes he is the father
- The Colorado Department of Human Resources
- Social Services