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Rights of an Unwed Father But some may appear in the future. Because the mother has legal custody, she can refuse parental rights of visitation and decision-making to the unwed father. If that ever happens, the father must then take legal steps in order to establish his parental status to get the rights he wants.
Some worry that the court automatically favors mothers over fathers in custody cases. However, this is now simply a myth. Colorado is neither a mom state nor a dad state when deciding on child custody. Its also not an automatic 50-50 parenting time state. Heres how it works.
Is Colorado a So-Called 50-50 Parenting Time State? Colorado family courts are not required to order 50-50 parenting time. The statute actually requires that the parents and the parties to the child have continuing and frequent contact. In some circumstances, parents may equally share parenting time.
However, insofar as illegitimate children are concerned, Article 176 of the Family Code states that illegitimate children shall be under the parental authority of their mother. This is the case even if the father of the child has recognized the latter.
Parental kidnapping, or custodial interference, is the crime of knowingly taking a child away from the person who has lawful custody. In most cases, it is a Class 5 felony in Colorado.
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If either parent is deemed unfit, whether it is the mother or the father, the court will take away custody of the children. Any parent suffering from a mental disturbance, anger management issue, or addiction to drugs and alcohol is a candidate to lose custody.
If you have sole physical custody, also known as, the primary custodial parent, you can take your child away from the mother. However, if you do not have primary custody, it can be virtually impossible to take the child away from the mother.
Colorado courts decide APR using a legal standard called best interests of the child. The court decides where the children will live and how much time they will spend with each parent based on what is in the best interests of that particular child in their particular circumstances.
An unmarried father has no legal rights to custody or visitation of the child. There is no presumption of paternity. Unwed fathers are not, by default, assumed to be biologically related to their children. Unwed fathers must take steps in order to establish paternity.
Colorado does not have joint custody or sole custody. Colorado uses the term parental responsibility which can either be joint or primary. If you equally share in overnight visitation with the minor child, you have joint parental responsibility.

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