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Establishing paternity is a crucial step for unmarried parents. It defines the legal relationship between a father and child, ensuring that both parents have rights and responsibilities towards their child. Whether through voluntary acknowledgment, administrative processes, or court orders, establishing paternity provides legal clarity and sets the foundation for shared parental responsibilities and rights.

Here we delve into the significance of establishing paternity, what the legal process is in Colorado, and how both parents can ensure they are involved in their child’s life and that the child’s rights are protected.

Why Establishing Paternity Matters for Colorado Springs Parents

Parentage is the legal acknowledgment of paternity, identifying the father of a child. For children born to married parents, paternity is automatically established following the child’s birth. For unwed parents, paternity must be legally established to ensure the father’s rights and obligations.

Establishing paternity is crucial for several reasons:

Legal Rights of the Child

It gives the child the right to receive financial support from both parents. It provides the child with access to benefits such as health insurance, social security, and inheritance rights. Paternity also aids in helping the child establish a relationship with both parents, benefitting the child’s emotional and psychological development.

Parental Rights

Establishing paternity grants the father legal rights, including custody, parenting time, and decision-making responsibilities regarding the child’s upbringing. This legal designation allows fathers to be involved in fundamental ways, including their child’s education, healthcare, and religious upbringing. The Colorado Office of Economic Security provides resources for families, employers, and dads through the Colorado Fatherhood Program.

Parental Responsibilities

Both parents share the responsibility of providing financial support for the child. This includes child support obligations, which are enforceable once paternity is established. Fathers also gain the responsibility of being actively involved in the child’s life, which obviously contributes to overall social-emotional development.

Legal Processes for Establishing Paternity in Colorado

There are several ways to establish paternity, each with its own legal procedures and implications:

Voluntary Acknowledgment of Paternity (VAP)

The simplest and most common method is for both parents to sign a Voluntary Acknowledgement of Paternity form, also known as Voluntary Acknowledgement of Parentage at the hospital when the child is born. Once signed, the VAP is filed with the Colorado Department of Public Health and Environment (CDPHE), officially establishing paternity.

Signing the VAP is a serious legal decision. Once filed, it has the same legal effect as a court order, and both parents have 60 days to rescind it if they change their minds. After that period, it can only be challenged under limited circumstances, such as fraud, duress, or mistake of fact.

Administrative Process

If there is uncertainty or disagreement about the child’s paternity, either parent can request the Child Support Enforcement (CSE) office to help establish paternity administratively. The CSE may order genetic testing to determine biological paternity. If the tests confirm paternity, an administrative order is issued, establishing the legal relationship.This process can be less formal and quicker than going through the courts.

Court Order

If the parents cannot agree on paternity, one of them can file a paternity lawsuit in court. The court may order genetic testing to establish biological paternity. Once paternity is confirmed, the court will issue a paternity order, which may also include decisions on child support, custody, and parenting time. Establishing paternity through the court system is often necessary in cases involving disputes or where there are complex issues such as multiple potential fathers.

Colorado Fathers’ Rights and Responsibilities After Establishing Paternity

Once paternity is legally established, both parents gain certain rights and responsibilities:

Parental Rights

• Custody and Parenting Time. The father gains the right to seek custody or parenting time with the child. Colorado courts encourage shared parenting and strive to make decisions that are in the child’s best interests.
• Decision-Making. The father has the right to participate in important decisions regarding the child’s upbringing, including education, healthcare, and religious instruction.

Parental Responsibilities

• Child Support. Both parents are legally obligated to support their child financially. The court or the local county child support office will calculate child support based on both parents’ incomes and the needs of the child. Once parentage is established, the office will work with both parents to create a child support order.
• Healthcare and Insurance. When establishing a child support order, Colorado law requires health insurance to be ordered as well. The child may be added to the father’s plan, and both parents may share the responsibility for the child’s medical expenses.
• Emotional Support. Beyond financial obligations, both parents have a responsibility to provide emotional support, stability, and a loving environment for the child.

Understanding the paternity process is essential for the well-being of your child and your own legal standing as a parent. If you have questions after reading this article, contact an experienced family law attorney for help.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.