Being a father is a wonderful thing. But for fathers, especially those who aren’t married at the time of a child’s birth, securing parental rights and time with a child in the event of a separation or divorce can be very complicated. At the law office of the Jones Law Firm, PC, our experienced Englewood fathers’ rights lawyers want you to know that you have an advocate on your side if you’re fighting for rights pertaining to your child or children. For the legal support you need in establishing paternity or navigating a child custody or child support, call our law firm directly today.
Establishing Paternity in Englewood
One of the most important things that a father can do is to establish paternity, or legal fatherhood. If paternity is not established, the father will have no right to seek custody of or visitation with a child. There are three ways that paternity is established in Colorado:
- The parents are married at the time of the child’s birth and the father is assumed to be the child’s biological father. If a child’s parents or assumed parents are married at the time of a child’s birth, then the father will be assumed to be the child’s biological father and no further action will be necessary. The exception to this is in the case that the validity of the father is questioned.
- The parents both sign a Voluntary Acknowledgement of Paternity form. Another option for establishing paternity–which is appropriate in the event that parents are not married at the time of the child’s birth but both agree that the father is indeed the child’s biological father–is to sign a Voluntary Acknowledgement of Paternity form. This type of form can be signed by both parents and submitted without any biological/genetic testing.
- Court order. The third option for establishing paternity is by court order. A court may order an alleged father to submit to genetic testing if either he or the mother believes that he is the father. If genetic evidence shows that he is indeed the child’s biological father, the court will issue a determination of paternity.
Note that paternity doesn’t just matter for ensuring that a father has certain rights to their children, but also so that a child can benefit through the father’s healthcare, Social Security benefits, child support, having a relationship with the father, and more.
Child Custody and Visitation in Colorado
Once paternity has been established, a father has the same rights as the mother to petition the court for child custody or/and visitation. Note that the courts in Colorado do not automatically favor the mother in child custody cases; instead, the court seeks to find an arrangement that is within the child’s best interests. The court generally finds that it is in the child’s best interests to maintain a relationship with both parents. Factors the court may consider in making a determination about child custody include–
- The child’s preferences;
- Each parent’s wishes;
- The child’s relationship with others in the home, such as siblings;
- Each parent’s ability to meet the child’s needs;
- The proximity of each parent’s home in relation to the other’s; and
- The ability of each parent to place their own needs second to the child’s.
While fathers often feel as though mothers are given the upper hand in child custody battles, again, the court does not make any presumption that the mother having custody is what’s in the child’s best interests. If you want to show that it is within the child’s best interests for you to have custody or visitation rights, you’ll need to present evidence of this. Working with an experienced fathers’ rights attorney can be integral in gathering the right evidence and presenting your case in a compelling manner.
Child Support
Note that parents who do not have custody of their children are asked by the courts to pay child support payments. If you are being asked to pay child support, our fathers’ rights attorneys can represent you and ensure that you get a fair court order.
Call Our Fathers’ Rights Attorneys in Englewood Today
As a father who is unmarried or divorced, it’s normal to feel as though the deck is stacked against you. The truth is, though, that you have just as many rights related to your child as does your child’s mother. At the Jones Law Firm, PC, our Englewood fathers’ rights attorneys can help you fight for your rights. To learn more about how our team can support you, call us today or send us a message at your convenience.
At Jones Law Firm, we are dedicated to pursuing the best outcomes possible for our clients in Englewood: Contact us now at (720) 580-9038 to learn more or to get started with a free consultation.
