Men are often afraid of losing the bond they enjoy with their children when divorce or separation breaks up a family. Other men wonder how to claim their right to nurture their children who came into being outside of marriage or cohabitation. These are valid concerns that are reflected in family law statutes and numerous court cases.
Even if laws say you have the right to pursue child custody and visitation (also known in Colorado as “parental responsibility”), understanding and asserting a father’s rights can be difficult without an attorney’s help. At the Law Offices of Shawn H. Smith, you will find empathy and direction as you pursue your rights to parent your child(ren).
A Consultation With A Family Law Attorney Can Light The Way For A Single Father
When you request a consultation at the Law Offices of Shawn H. Smith, you will find a listening ear as well as insights tailor-made for your circumstances. We can help you pursue the most efficient, effective and promising way forward through any of these uncharted paths in front of you:
- Acknowledging paternity
- Understanding laws and procedures through which to achieve fairness in child support calculations
- Negotiating a reasonable parenting responsibility plan (child custody and visitation)
- Asserting the right to make decisions about a child’s education, health care, religious upbringing or other foundations of child-rearing
Shawn H. Smith will represent you vigorously through a divorce or any other family law situation that may have an impact on your father-son or father-daughter relationship.
Frequently Asked Questions About Fathers’ Rights
If you have questions about your parental rights as a father, here are some questions an attorney can help answer:
How can a father establish paternity in Colorado if he is not listed on the birth certificate?
It is crucial that fathers understand their legal options and establish paternity if they want to secure their parental rights. Both parents may agree to a Voluntary Acknowledgement of Paternity, which establishes paternity and adds a father to a birth certificate. Alternatively, a father could seek court-ordered paternity testing to confirm their biological relation to a child. Once a biological relationship is established, a father could seek parental rights.
What factors do Colorado courts consider when deciding child custody for fathers?
Many people believe that fathers have fewer rights than mothers when deciding on child custody. However, courts decide custody based on a child’s best interests, not a parent’s gender. The best interests of a child mean the situation that best supports a child’s safety, welfare and upbringing. A few factors that may be considered when deciding child custody include:
- A father’s ability to cooperate with the other parent
- A father’s income and housing stability
- A father’s relationship with their child
- A father’s involvement with their child’s upbringing
- A father’s history of criminal activity, substance use or neglect
A wide range of factors may be considered when prioritizing a child’s best interests.
Can a father modify an existing custody or child support order in Colorado?
Yes. There may be issues with an existing custody or child support order that make it hard for a father to meet their obligations toward their child. A father can request a modification to a custody or child support order with a Colorado court. However, a judge will need evidence that there are substantial changes to a father’s circumstances to warrant a modification. For example, a father may be moving a great distance away from the other parent or the other parent is violating a custody order.
What rights do nonbiological fathers have if they have played a significant role in a child’s life?
A nonbiological father who played a significant role in a child’s life could seek parental rights. However, certain conditions typically must be met first before a nonbiological father can succeed. For example, there generally needs to be evidence that the child’s biological father is absent and the nonbiological father has established a significant bond with the child.
Rule One For Fathers: Never Give Up
Do not take “no” for an answer if your child’s mother or grandparents are trying to keep you away from your child unjustifiably. Also do not acquiesce to unreasonable demands in terms of child support or parenting time. Get legal counsel and devise a plan to protect your precious father’s rights.
To schedule a consultation, call 970-387-6858 or send an email inquiry. Your position as a father matters greatly, even if you are not a child’s biological father but have had a role in their upbringing.