Parents who are not married to each other may not have the same inherent rights as married parents. Whether you and your co-parent recently divorced, are in a relationship but not married, or never intended to be romantically involved, understanding how custody works in your situation can provide clarity and help you uphold your rights.
How does custody work for unmarried parents in Colorado? For specific legal guidance, speak with an experienced divorce attorney.
How Custody Normally Works for Unmarried Parents
First, “custody” is not a legal term in Colorado. Instead, there is “parenting time” and “decision-making” which make up “parental responsibilities.”
Parenting time is the actual time spent with the child, or the schedule by which the child travels between houses. Decision-making is the authority to make major medical, educational, religious and extra-curricular decisions. Decision-making can be “joint” where all decisions are made together, “sole” where only one parent can make major decisions, or the Court can give some of the decision categories to one parent and some to the other.
Unmarried parents do not necessarily need a judge to determine how they will share custody and parenting time. In some cases, parents make these determinations on their own. But even if you have an amicable relationship and have been able to establish a schedule that works for both of you, it is always a good idea to file your agreement with the Court. This protects you from the other parent changing his or her mind; by filing your agreement with the Court your plan becomes enforceable.
In instances in which the parents are estranged or do not have good communication, involving the Court may be your only option. The Court will hear both positions and then make a decision that is in the best interests of the children.
Establishing Paternity To Gain Paternal Rights
A Paternity Action is an entirely different process than establishing custody. This process can vary depending on the state; in Colorado, it can be completed through:
- Having both unmarried parents sign an Acknowledgment of Parentage form at the hospital
- Adding a second parent to the birth certificate through the Colorado Vital Records website
- Filing a paternity action with the Court
In any domestic case, whether that is a divorce or a custody dispute, a parent can request a genetic test to confirm parentage.
Creating a Detailed Parenting Plan as Unmarried Parents
Unmarried parents need to communicate effectively about how they will divide parenting responsibilities and roles in their unique circumstances. Whether or not two parents decide to involve the court in custody determinations, they should develop a parenting plan that thoroughly addresses the two main custody types:
- Parenting time, or where the child will reside
- Decision-making, or who can make decisions about medical care, education, religious upbringing, and other important elements of the child’s life
A parenting plan will address how often the child will stay with each parent, what drop-offs will look like, how the parents should make decisions about important elements of the child’s upbringing, and other key details.
The more information you include in a parenting plan, the more smoothly you can approach the custody process. While some unmarried parents can amicably make decisions as they arise, others do not communicate as well. Having a detailed parenting plan prevents confusion and misunderstandings.
When the Court Intervenes With Custody Determinations
When unmarried parents cannot reach agreements about their parenting plans, Court involvement may be necessary.
The first step is to file a motion with the Court, called an Allocation of Parental Responsibilities. Thereafter, the Court will often require mediation, in which a trained professional guides a conversation between both parents toward a mutually agreeable resolution. When mediation is ineffective, a judge will step in to make a determination for the family.
The judge would consider several factors to determine a parenting plan that is in the child’s best interests.
Seek Legal Support With Custody and Parenting Plans
Having an experienced attorney on your side can help with navigating issues like child support and child custody for unmarried parents. Schedule a consultation with Palmer Family Law today at 702-399-7434.