For unmarried parents in Colorado Springs and throughout the state, the process of establishing parenting rights can feel confusing and uncertain. Unlike married parents who are presumed to be parents at a child’s birth, unmarried parents, particularly fathers, must take specific legal steps to formalize their relationship with the child. Legal parentage must be established before any court can issue orders regarding where the child lives or who makes major decisions.
The question of how unmarried parents can establish legal custody and visitation rights is answered by a transparent, two-step process in Colorado: first, establishing legal parentage, and second, seeking an Allocation of Parental Responsibilities (APR) order. Our child custody attorneys offer compassionate family legal representation, guiding parents through the El Paso County District Court system to secure stable, legally binding parenting plans.
Step One: Establishing Legal Parentage
In Colorado, the initial and most critical step for any unmarried parent who does not have presumed rights is to establish the parent-child relationship legally, which is governed by the Uniform Parentage Act (UPA), C.R.S. § 19-4-101 et seq.
Until a second legal parent is established, only the birth parent has enforceable parental rights and duties. Once parentage is established, either parent can ask the court for temporary or final orders for parental responsibilities.
Pathways to Establishing Parentage
Parentage can be established through several methods under C.R.S. § 19-4-105:
- Voluntary Acknowledgment of Parentage (VAP): The simplest and most common method involves both parents signing a legal form (the VAP) to confirm the father’s parentage. A properly executed VAP takes effect upon filing with the state registrar and may be rescinded within 60 days or before the first related court or administrative proceeding. After that, it may be challenged only for fraud, duress, or material mistake. A compliant VAP is equivalent to a court adjudication of parentage and confers full parental rights and duties.
- Presumption of Parentage: Colorado recognizes several presumptions of parentage. These include being married or in a civil union with the birth parent at the relevant time, having attempted marriage or civil union, or entering into a post-birth marriage or civil union plus a written assertion filed or being named on the birth certificate with consent or a support obligation. They also include receiving the child into the home and openly holding the child out as one’s own, as well as genetic testing showing at least a 97 percent probability. If presumptions conflict, the court resolves them based on policy and logic.
- Judicial Determination (Paternity Case): If the parents disagree or if no VAP exists, either parent can file a legal action to determine parentage. This process often requires genetic testing to confirm the biological relationship scientifically
In a Colorado parentage action under the UPA, the court can issue temporary and final orders for allocation of parental responsibilities.
Step Two: Seeking an Allocation of Parental Responsibilities (APR)
After parentage is legally established, the court process transitions from determining who the parents are to defining their rights and duties. Colorado uses the term allocation of parental responsibilities (APR) instead of the traditional term “custody.”
An APR case determines two distinct areas: parenting time and decision-making responsibilities.
Determining Parenting Time (Physical Custody)
Parenting time refers to the physical schedule, which includes where the child resides and when they spend time with each parent. The court starts with the belief that a child benefits from “frequent and continuing contact with both parents, when appropriate.”
Allocating Decision-Making Responsibilities (Legal Custody)
Decision-making responsibilities determine which parent, or both, has the authority to make significant, long-term decisions regarding the child’s upbringing. These responsibilities are typically allocated in four key areas:
- Education
- Non-emergency medical care
- Religious upbringing
- Extracurricular activities
The court may allocate responsibilities mutually (joint legal custody) or individually (sole legal custody) to one parent for any or all areas.
The Best Interests of the Child Standard
All APR decisions, including the amount of parenting time under C.R.S. § 14-10-124(1.5)(a) and the division of decision-making under C.R.S. § 14-10-124(1.5)(b), must be made in accordance with the best interests of the child. Determining what is in the best interests of a child’s safety is the paramount consideration.
The judge must review numerous factors, ensuring that the final order provides for the child’s safety and emotional needs.
Parenting time factors
The court considers all relevant factors, including:
- The wishes of the parents as to parenting time.
- The wishes of the child, if mature enough to express reasoned and independent preferences.
- The child’s interaction and interrelationship with parents, siblings, and any other person who may significantly affect the child’s best interests.
- Any report related to domestic violence from a CFI, PRE, or LRC, if one is appointed, and other admissible testimony regarding domestic violence.
- The child’s adjustment to home, school, and community.
- The mental and physical health of all individuals involved. A disability alone is not a basis to deny or restrict parenting time.
- The ability of each party to encourage the sharing of love, affection, and contact between the child and the other party. Protective conduct to shield a child from abuse or domestic violence is not held against that party under this factor.
- Whether the past pattern of involvement reflects values, time commitment, and mutual support.
- The physical proximity of the parties and related practical considerations.
- The ability of each party to place the child’s needs ahead of their own.
The court must avoid relying on biased information or recommendations, including bias about religion, gender, gender identity or expression, sexual orientation, culture, race, ethnicity, national origin, or disability.
Decision-Making Factors
In addition to the parenting time factors, the court considers:
- Credible evidence of the parties’ ability to cooperate and make decisions jointly.
- Whether the past pattern of involvement demonstrates that they can, as mutual decision-makers, provide a positive and nourishing relationship with the child.
- Whether joint decision-making on any issue will promote more frequent or continuing contact between the child and each party.
Domestic violence, child abuse, and sexual assault
C.R.S. §14-10-124(9), added by HB 24-1350, effective August 7, 2024, requires before applying the factors above, the court must address the specific statutory findings and safety conditions when there is credible evidence of child abuse or neglect, domestic violence, or sexual assault that resulted in conception of the child. Safety of the child and the abused party is the first concern. The court may order supervised exchanges, supervised time, or other protective conditions. If the court still orders unsupervised parenting time for a parent and there is information or an accusation of domestic violence, child abuse, child sexual abuse, child emotional abuse, or coercive control, the court must explain on the record or in writing why unsupervised time is in the child’s best interests with paramount consideration to the child’s safety.
We provide compassionate family legal representation, helping you gather the evidence necessary to demonstrate how your proposed plan addresses these statutory factors and serves the child’s best interests.
The Process in Colorado Courts
The legal process is structured to promote agreement before trial.
- Filing the Petition: Either parent can file the “Petition for Allocation of Parental Responsibilities.” If parents file together, the process is streamlined
- Initial Status Conference (ISC): All parents are typically required to attend an ISC with a Family Court Facilitator. This meeting introduces the court process, sets deadlines, and encourages early settlement
- Mandatory Mediation: Colorado strongly favors alternative dispute resolution (ADR). If the parents disagree on parenting time or decision-making, the court will almost certainly order mandatory mediation to help them draft a mutually agreeable parenting plan
- Contested Hearing: If mediation fails, the court will schedule a final, contested hearing where the judge hears evidence and makes the final APR allocation
Avoiding a contested trial by reaching an agreement in mediation saves significant time, emotional stress, and legal costs.
Moving Forward: Your Rights Are Not Automatic
Unmarried parents must understand that parental rights are not automatically equal to those of married parents until the court order is finalized. Unmarried fathers, especially, should take immediate action to establish parentage to secure their place in the child’s life. Do not rely on verbal agreements or informal arrangements; only a court-issued APR order provides enforceable legal rights and protection for both the parent and the child.
Every parent deserves to have their role in their child’s life legally recognized and protected. Our team is dedicated to helping parents navigate the complexities of parentage and the APR process in the Colorado courts. We understand the necessity of securing a durable, workable parenting plan.
If you are an unmarried parent seeking to formalize your legal custody and visitation rights in Colorado, contact Brighter Day Law today. Call us now at (719) 733-9129 for a confidential consultation. We provide compassionate counsel and focused advocacy, helping you secure a brighter day for your family.