Family Law Blog

Arapahoe County Mother Sues for Paternity in Colorado

By Denver Divorce Lawyer on September 15, 2011

A mother has filed for paternity in Colorado after her former partner took the daughter she adopted and moved to Norway, according to TheDenverChannel.com. The mother claims to have helped adopt and raise the child that was taken away.

The mother and her partner had adopted two girls in 2006. At the time, Colorado law did not allow two women to be named as parents, so both the mother and the partner each adopted one girl. However, both children and both parents took the same last name in court. The women’s relationship ended in 2009, and when the mother filed for parental rights, her former partner moved to Norway with the girl she had adopted. Although she is allowed one week of parenting time every month in Norway, she wants her daughter to be returned to the U.S.

The mother has filed for paternity, using a similar case from 2010. That year, a Colorado Appeals Court granted full parental rights to a non-biological father. He was also recognized as the full legal parent. The mother hopes she will be afforded the same constitutional rights and that she will not be discriminated against because she is a woman.

Establishing paternity can be very complicated. As proven by the 2010 Colorado court decision above, being the biological father of a child is not necessary to be granted paternal or parental rights. If you have questions regarding Colorado paternity law or want to officially establish your parental rights, contact the experienced paternity attorneys in Denver for a consultation at 303-458-5500.

Establishing Paternity in Colorado Protects a Father’s Rights

By Denver Divorce Lawyer on June 30, 2011

In Colorado, a man who is married to a woman when she gives birth is automatically assumed to be the child’s father. Fathers who aren’t married to the child’s mother, however, need to establish their relationship to the child. Men have several options for establishing paternity in Colorado. All of these options create a legal recognition of the father-child relationship and allow the father to see the children, provide for their care, and play a role in major life decisions that affect each child.

The requirements for establishing paternity vary in each state. In Colorado, a man can establish paternity by being listed as the father on a child’s birth certificate, by having a paternity test, or by living as the child’s father, which includes providing financial support as well as caring for the child and having a father-child relationship with his son or daughter. If there are doubts about who is the child’s biological father, however, a paternity test may be required.

Establishing paternity in Colorado allows a father to do several things. First, he can ask a court to grant him visitation, also known as “parenting time,” in which he can see his children. He can also request physical custody, legal custody, or both. Finally, the father can establish his right to be part of “parental decision making,” in which he and the child’s mother work together to make major life decisions - like schooling, religion, and medical care - for the child.

Having paternity legally recognized by a court protects the father’s relationship with his child. If you are facing questions about custody or parenting in Colorado, the experienced family law attorneys in Denver at Kaplan Law can help. Call us today at 1-877-527-5260 for a free and confidential consultation.

How Does Paternity Affect Colorado Child Support Laws?

By Denver Divorce Lawyer on June 7, 2011

In Colorado, the phrase “establishing paternity” means figuring out, for legal purposes, who the child’s father is. Often, a child’s father is named on the child’s birth certificate, particularly if the parents are married. Many unmarried couples, however, may have a child without naming the father on the child’s birth certificate. A child with no father listed on his or her birth certificate has no legal father until the father’s identity and legal status are established through paternity.

In order to establish paternity in Colorado, a child’s parents can sign an Acknowledgement of Paternity at any time after the child is born. Paternity can also be established by the courts, where a judge can file a court order. The local Child Support Enforcement unit may also be able to establish paternity without going through a court case. If either parent wants to challenge paternity, they must do so without delay, as there may be a very limited window of opportunity to do so.

A father whose paternity has been established has certain legal rights, like the right to ask for parenting time or to be involved in the major decisions that affect the child’s life. The father also has responsibilities for the child, such as paying child support. The amount of child support a legal father is expected to pay depends on several factors, including how much he makes and how much he already contributes to the child’s daily care.

Establishing paternity benefits children in many ways. It gives them a sense of identity, and it provides funds for their proper care, including the right to receive benefits if the father unexpectedly passes away. To learn more about paternity and how it might apply to your family, please don’t hesitate to contact the experienced Colorado paternity attorneys at Kaplan Law. Call us at 1-877-527-5260 today for a confidential consultation.

How to File a Petition for Paternity in Colorado

By Denver Divorce Lawyer on August 4, 2010

The Colorado State Judicial Branch website is an informative site that allows users to search court records, make court payments, and download important forms for a variety of legal issues, including those centering-around family law. It is very important that these forms are properly filled out, and that all available information that is requested per form is provided in its entirety. When filling out such paperwork, it may be a good idea to retain the services of an experienced Colorado family law attorney to ensure that all information is provided as requested.

When filing a petition for paternity, there are 12 sections that need to be filled out for completion. Much of the information is relatively self-explanatory, but it is still essential that the information is accurate. Information about the Petitioner and about the Respondent are each required, as is information (name, address, birthday) pertaining to any children whom the respondent is the biological parent of. Information about previous court proceedings regarding the child or children in question, as well as any knowledge of proceedings that could affect the current proceeding’s outcome, are all required by the Colorado court system. Even the names of all non-familial parties involved need to be revealed to the court via the petition.

Court proceedings of all kinds can be complicated, especially for someone who has had little or no experience dealing with such a situation in the past. At Kaplan Law, LLC, our experienced Denver paternity attorneys will help you every step of the way throughout your Colorado child paternity case. For more information, call us today at 1-877-527-5260