Establishing Psychological Parental Rights in Colorado with Goldman Law

The traditional concept of a family has evolved significantly and now includes blended families, same-sex couples, and other nontraditional family structures. It’s now common for individuals to perform the role of a parent even when they’re not the legal or biological parent of the child. This is the concept of “psychological parenthood” – being a child’s parent “in effect.”

If you’ve been acting as a child’s main caregiver even though you’re not related, you may be wondering if you have parental rights. In Colorado, it’s possible for you to get “psychological” parental rights if you’re a non-related “parent-in-fact.” However, you’ll want the assistance of a family law attorney to secure these rights. The experienced attorneys at Goldman Law can help you with the legal procedure, giving you a better chance of establishing your rights as a parental figure.

Understanding Psychological Parenthood

Psychological parenthood is a legal concept that recognizes the parental rights of individuals who have assumed the role of a parent without being biologically or legally related to the child. In Colorado, the courts have acknowledged the importance of these relationships and have established guidelines for determining when an individual qualifies as a psychological parent. To be recognized as a psychological parent in Colorado, Colo. Rev. Stat. § 14-10-123 (2009) permits a non-parent to petition for allocation of parental responsibilities when, among other circumstances, the child is not in the physical custody of a parent, or the petitioner has had physical care of the child for a period of six months or more and the petition is filed within six months after that care terminated, § 14-10-123(1)(b)-(c). This statutory grant of standing to a non-parent to seek legal custody of a child constitutes legislative recognition of the importance of psychological parenting to the best interests of a child.

When a non-parent has standing under Colo. Rev. Stat. § 14-10-123 (2009), the court has statutory authority to allocate parental responsibilities based on the best interests of the child in accordance with Colo. Rev. Stat. § 14-10-124 (2009). Pursuant to § 14-10-124(1.5), a court allocates parental responsibilities in accordance with the best interests of the child giving paramount consideration to the physical, mental, and emotional conditions and needs of the child, and considering all relevant factors, including:

• (I) The wishes of the child’s parents as to parenting time;
• (II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
• (III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;
• (III.5) Any report related to domestic violence that is submitted to the court by a child and family investigator, if one is appointed pursuant to section 14-10-116.5; a professional parental responsibilities evaluator, if one is appointed pursuant to section 14-10-127; or a legal representative of the child, if one is appointed pursuant to section 14-10-116. The court may consider other testimony regarding domestic violence from the parties, experts, therapists for any parent or child, the department of human services, parenting time supervisors, school personnel, or other lay witnesses.
• (IV) The child’s adjustment to his or her home, school, and community;
• (V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
• (VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions shall not be considered with respect to this factor;
• (VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
• (VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
• (IX) and (X) Repealed.
• (XI) The ability of each party to place the needs of the child ahead of his or her own needs.

Courts evaluate each case individually, taking into account the specific circumstances and the best interests of the child.

The Importance of Establishing Pyschological Parental Rights

Establishing psychological parental rights is crucial for several reasons:

• Parental decision-making: As a psychological parent, you gain the legal right to participate in important decisions regarding the child’s upbringing, including education, healthcare, and religious matters.
• Visitation and custody rights: Psychological parents may be granted visitation rights or, in some cases, even custody rights, ensuring that the child maintains a meaningful relationship with the psychological parent.
• Financial responsibilities: Psychological parents may be required to contribute financially to the child’s support, just as biological or legal parents are obligated to do.
• Emotional stability: Recognizing de facto parental rights can provide emotional stability for the child, allowing them to maintain a bond with the individual who has been a consistent presence in their life.

The Legal Process of Establishing Psychological Parental Rights in Colorado

The process of establishing psychological parental rights in Colorado can be complex and often requires the guidance of an experienced family law attorney. Here’s an overview of the steps involved:

1. Filing a petition: The first step is to file a petition with the court, requesting recognition as a psychological parent. This petition should include evidence supporting your claim, such as affidavits, witness statements, and documentation of your involvement in the child’s life.
2. Gathering evidence: Your attorney will work with you to gather and present compelling evidence that demonstrates your fulfillment of the criteria for de facto parenthood. This may include testimony from the biological or adoptive parent, records of your financial contributions, and documentation of your parental responsibilities.
3. Court proceedings: Once the petition is filed, the court will schedule a hearing to evaluate the evidence and determine whether you meet the requirements for psychological parenthood. The court will evaluate whether your circumstances meet the “child’s best interests” standard.
4. Court order: If the court finds that granting you parental rights is justified, it will issue a court order granting you the legal rights and responsibilities associated with parenthood.

This process can be lengthy and emotionally challenging, which is why having an experienced attorney by your side is crucial.

The Role of Goldman Law in Establishing Psychological Parental Rights

At Goldman Law, our dedicated family law attorneys provide comprehensive legal representation to clients seeking psychological parental rights in Colorado. We understand the emotional and legal complexities in these cases and work to protect the best interests of both our client and the child. Our attorneys can work closely with you to:

• Gather and present compelling evidence
• Guide you through the legal process
• Advocate for your rights in court.

If you are considering pursuing psychological parental rights in Colorado, we encourage you to contact Goldman Law, LLC at (303) 656-9529 to schedule a consultation. Our experienced attorneys will provide you with personalized guidance and support throughout the entire process.

Frequently Asked Questions (FAQs)

Can a stepparent be considered a psychological parent in Colorado?

Yes, stepparents can potentially be recognized as psychological parents in Colorado if they meet the criteria outlined by the courts. This includes having the consent of the biological or adoptive parent, living with the child, assuming significant parental responsibilities, and demonstrating a bonded relationship with the child.

How long does it take to establish psychological parental rights in Colorado?

The timeline for establishing psychological parental rights can vary depending on the specific circumstances of each case. The process typically involves filing a petition, gathering evidence, and participating in court proceedings. It’s essential to have an experienced attorney to guide you through the process, ensuring that you take all necessary steps promptly.

Can a psychological parent be required to pay child support?

Yes, once an individual is recognized as a psychological parent in Colorado, they may be required to contribute financially to the child’s support, just as biological or legal parents are obligated to do. The court will determine the appropriate amount of child support based on various factors, including the income of the parties and the child’s needs.

Can a psychological parent’s rights be terminated?

In certain circumstances, a psychological parent’s rights may be terminated by the court. This could occur if the court determines that the individual is unfit or that termination of their rights is in the best interests of the child. However, the termination of de facto parental rights is not a decision that is taken lightly by the courts.

Can a psychological parent adopt the child?

In some cases, a psychological parent may be able to adopt the child they have been parenting. This process typically involves terminating the legal rights of the biological or adoptive parents and then proceeding with the adoption process. However, the specific requirements and procedures can vary depending on the circumstances of each case.

What happens if the biological or adoptive parent objects to the establishment of psychological parental rights?

If the biological or adoptive parent objects to the establishment of psychological parental rights, the court will hold a hearing/trial and consider their objections and weigh them against the best interests of the child. The court may also consider the extent to which the biological parent consented to and fostered the family-like relationship between the petitioner and the child.

Can a same-sex partner be recognized as a psychological parent in Colorado?

Yes, same-sex partners can potentially be recognized as psychological parents in Colorado if they meet the criteria established by the courts. The courts evaluate each case individually without regard to the gender or sexual orientation of the parties involved.

Can a grandparent or other relative be considered a psychological parent?

Grandparents or other relatives may be able to establish psychological parental rights in Colorado if they have assumed significant parental responsibilities and have a dependent relationship with the child. However, the specific requirements and criteria must be met, and the court will evaluate each case individually.

What happens if the child’s biological or adoptive parent moves out of state?

If the child’s biological or adoptive parent moves out of state, the psychological parent may still be able to maintain their parental rights and responsibilities. However, the legal process may become more complex, and it’s essential to consult with an experienced attorney to ensure that your rights are protected across state lines.

Can a psychological parent be granted custody of the child?

In some cases, a psychological parent may be granted custody of the child if the court determines that it is in the child’s best interests. However, this decision is made on a case-by-case basis, and the court will consider many factors. Some of these factors are the relationship between the de facto parent and the child, whether the psychological parent can provide a nurturing environment, and the wishes of the biological parent.

Need an Attorney for Psychological Parenting? Talk To Goldman Law Today.

At Goldman Law, LLC, our experienced family law attorneys competently assist clients as they navigate the intricate legal landscape of psychological parenting. With over 25 years of combined experience, our team is well-equipped to guide you through the process of establishing psychological parental rights in Colorado.

Contact Goldman Law, LLC at (303) 656-9529 to schedule a consultation and take the first step towards securing your parental rights.