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Centennial Fathers’ Rights Lawyer

Have your rights as a father been jeopardized?

The traditional concept of the family has undergone massive changes in recent decades, with data from the US Census Bureau being a key source of information on the evolving demographics. In a report on custodial parents and child support income, statistics indicate that 13.4 million parents are living with 22.1 million children in custodial arrangements while the other parent resides elsewhere. Representing just 17 percent of all custodial parents, fathers are more likely to be paying child support. However, the US Census Bureau’s report also reveals a disturbing trend: Many fathers are upholding their obligations to pay child support without being able to exercise their parental rights.

Fortunately, Colorado law protects your interests as a father. If you are involved in a dispute regarding custody, care, or support, it is in your best interests to retain skilled legal representation to assist with your case. Our team at the Jones Law Firm, PC is ready to help, so please contact our office to set up a no-cost consultation with a Centennial fathers’ rights lawyer. Some basic information may also be helpful.

How Fathers’ Rights Arise Under Colorado Law

In general, your rights as a father arise through the establishment of paternity, the status of being the legal father of a child. Paternity typically comes up when parents are not married, since the laws presume the parentage of a child born to a married couple. Still, this is a rebuttable presumption that can be overcome with evidence to the contrary. Once paternity becomes a legal issue, there are two ways of resolving it:

  1. Agreement: When both parents agree on the identity of the child’s father, they can execute a Voluntary Acknowledgement of Paternity (VAP). At this point, your name can be added to the birth certificate as the father. Once 60 days pass after signing it, the VAP cannot be rescinded or revoked without court action. Note that the VAP does NOT establish child custody, visitation, or support.
  2. Paternity Court Case: If either parent refuses to sign the VAP, legal action is necessary to bring the issue of paternity before the court. As the “putative” father, i.e., a person who believes he is the father, you can file a Petition for Paternity in court. The proceedings are similar to a trial in the sense that you can present evidence and testimony regarding parentage. However, the key in a paternity case will usually be genetic testing.

You should be aware of a third scenario in which paternity questions may arise: An administrative paternity order, which may result when the child’s other parent applies for child support services through state social agencies. This order does not have the same legal impact as a judicial determination of parentage, however.

The Colorado Courts Will:

Act in a way that they consider to be in the best interests of the children involved

Examine who previously was the primary caregiver

Examine who is more emotionally and financially stable

Implications for Child Custody, Visitation, and Support

Once parentage is officially established through marriage, a VAP, or judicial paternity order, all the rights, and responsibilities of parenthood attach. Colorado law recognizes you as the father, so you are entitled to participate in the child’s life AND to support him or her financially. Specifically:

  • Fathers’ Rights to Child Custody: Colorado uses the term parental responsibilities to refer to the traditional concept of custody, but the basics are similar. You have the right to make important decisions regarding how the child is raised, such as in the areas of education, religion, extracurricular activities, travel, entertainment, and others. The laws favor an arrangement where both parents have equal say in parental responsibilities, though the child may primarily reside with one for practical purposes.
  • Visitation: If you are not the primary residential parent, you will be entitled to parenting time, the term Colorado statutes use to describe visitation. The court’s order entered in connection with a divorce case or paternity suit will contain the details regarding parental responsibilities and parenting time.
  • Fathers’ Rights and Child Support: Colorado law applies guidelines to determine the amount of child support, starting with the sum of both parents’ gross incomes. Support will be a percentage of this amount, split between the parents – which may then be adjusted according to various factors. For instance, if you have substantial visitation time with the child, you may be paying less in support.

Legal Standard for Colorado Fathers’ Rights

Contrary to popular assumption, the mother does not always get custody while a father is granted visitation. Courts focus on the child’s well-being and maintaining strong parent-child bonds rather than outdated assumptions about gender roles. Colorado has enacted a statute on the best interests of the child for purposes of custody and visitation, which focuses on physical, mental, and emotional considerations and the needs of the child.

The child’s best interests standard is important because the judge must review them when making custody and visitation determinations at a court hearing. However, parents are encouraged to agree on custody and visitation, so you may not need to attend a hearing to have the court decide. The child’s best interests will come up when the judge reviews your parenting agreement to ensure it complies with the statute.

Our 4-Step Approach to Enforcing Fathers’ Rights

At the Jones Law Firm, PC, we have developed a strategy for serving the needs of our clients in fathers’ rights cases. The four steps are:

  1. Contact our office to discuss your circumstances and basic legal issues with a lawyer;
  2. Set up a no-cost consultation for a more in-depth assessment of your rights as a father and how to achieve your goals;
  3. We develop an action plan based upon your objectives;
  4. Our attorneys implement the action plan, whether we are negotiating a parenting agreement or fighting for your fathers’ rights in court.

A Centennial Fathers’ Rights Lawyer Can Advise You on Your Legal Options

For more information on how Colorado custody, visitation, and child support laws impact your role as a father, please contact the Jones Law Firm, PC. We can schedule a free case assessment with an experienced Centennial fathers’ rights attorney. Once we review your situation, we can advise you on your options and develop a strategy for achieving your goals.

Call April Jones, our Centennial fathers’ rights attorney at the firm today to get started on your case!

Client Testimonials

Compassionate & Effective Counsel That Makes a Difference

quote iconApril is very knowledgeable of the law and will not let you down.

I cannot be more happy with the April Jones Law Firm! I hired her in 2012 for disputes over child support and other items, we had to go to court 3 times on separate matters and every time we were successful. April is very knowledgeable of the law and will not let you down. If I ever need a family law attorney I will call April Jones.

Alan

quote iconI would have jumped over the net and shook your hand today

Voice message to attorney April Jones from opposing counsel following a successful hearing: Boy I would have jumped over the net and shook your hand today, but there was no net!

T.S.

quote iconI couldn’t have gotten a better outcome.

April is awesome! She definitely knows what’s going on with everything in court. I couldn’t have gotten a better outcome.

Terri

quote iconApril and staff were wonderful.

April and staff were wonderful. It made a difficult time of life softer while maintaining my dignity.

B.H.

quote iconThe firm is professional, positive and grounded in their approach.

Once the process became too difficult for me to navigate through I decided to seek Family Law services.

The firm is professional, positive and grounded in their approach. Everyone in the office is always willing to help and is extremely flexible, which I can say is valued by a working professional. There has always been open and prompt communication. Hannah ultimately won our case, and she did so by having strong intellect, presentation skills, and a genuine interest in the well-being of both my daughter and I. I will continue to value the relationship and expertise long after the issues are resolved.

R.P.M.

quote iconApril is well prepared and understands the law and court processes and procedures well beyond anything I have experienced, ensuring success.

I really appreciated April’s straightforward, no-nonsense approach to settling my divorce. It was very refreshing. April is well prepared and understands the law and court processes and procedures well beyond anything I have experienced, ensuring success. I will be a customer for life.

J.M.

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Our Blog

Latest News & Information

29 November 2021
Understanding Supervised Parenting Time in Colorado

In Colorado, if a parent believes the other parent is endangering their child during parenting time they can bring a case to Court asking for restriction of parenting time. (Colorado Courts generally use the words “parenting time” instead of “visitation.”) Have you had a Court tell you that you can only see your children if you are supervised? Are you wondering how the Court can do that? Do you know what the Court means by …

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22 November 2021
Legal Custody vs. Physical Custody

Many people in Colorado think of “custody” as having physical control of something. However, custody also involves other types of control and authority. When it comes to custody of a child, the law divides custody into two types: physical custody and legal custody. Courts generally allocate these forms of custody separately, so it is important for parents to understand the difference. What is Legal Custody in Colorado? When a parent has legal custody, they have …

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit), and Stuart Wallace in Illinois.