Understanding Colorado’s Putative Parent Laws

What Is a Putative Parent?

A putative parent is a person who has no established legal relationship with a child but claims or is claimed to be the child’s biological parent. An example is if a baby is born to an unmarried mother, and the mother’s boyfriend claims to be the child’s biological dad. This boyfriend is referred to as the putative father, or sometimes, alleged father.

The term “putative mother” may not be as commonly heard as “putative father,” but in some cases, it can be relevant. For example, cases of infant abandonment may involve identifying and establishing the putative mother through DNA testing.

Many states have a registry of putative parents, especially putative fathers. It is a list of persons who voluntarily register as a child’s biological parent and assert their parentage of the child. Being registered as a putative parent gives a person certain rights such as the right to be notified if the child is placed for adoption.

Paternity and Parenting Rights in Colorado: Does Colorado Have a Putative Parent Registry?

Unlike many other states, Colorado does not have a putative parent registry and instead relies on different mechanisms to establish and protect parental rights. For instance, for unmarried dads, the state focuses on direct legal pathways for establishing paternity, emphasizing active participation in the child’s life and legal proceedings rather than simple registration.

Although there isn’t a putative father registry in Colorado, a father can be named on the child’s birth certificate so he can be identified as the putative father. Note that this does not mean he becomes the child’s legal father; it is simply an identification that he is the alleged biological father.

Thus, for example, if the birth mother wants to place the baby for adoption, the parties involved must notify the father named on the birth certificate. Typically, the notice will inform the putative father that his parental right may be terminated in order for the adoption to proceed. Upon receiving notice of the paternity termination, the putative father has 30 days to respond.

If a putative father wishes to become the child’s legal father, he must establish paternity through any of the methods described below.

Legal Mechanisms for Establishing Paternity

Voluntary Acknowledgment

In Colorado, parents can establish paternity through voluntary acknowledgment. Both mother and father must sign a Voluntary Acknowledgment of Paternity form at the hospital when the child is born. This document, once filed with the Colorado Department of Public Health and Environment, carries the same legal weight as a court order.

Court Orders

When voluntary methods aren’t possible, either parent can pursue a paternity lawsuit. The court may order genetic testing and can make determinations about custody, support, and parenting time.

Rights and Responsibilities of a Legal Father in Colorado

Legal Rights

Once paternity is established, fathers gain specific legal rights, including:

• Custody and parenting time privileges
• Decision-making authority regarding the child’s upbringing
• Access to the child’s medical and educational records.

Parental Responsibilities

With parental rights come responsibilities, including:

• Financial support obligations
• Active involvement in the child’s life
• Participation in major decisions affecting the child.

Time Considerations

While Colorado doesn’t impose strict deadlines for establishing paternity, taking action promptly offers several advantages. Early establishment of paternity ensures:

• Immediate legal recognition of the father-child relationship
• Access to health and life insurance benefits
• Protection of inheritance rights
• Stronger position in custody and support proceedings.

Frequently Asked Questions on Putative Parents in Colorado

Why doesn’t Colorado have a putative parent registry?

Colorado has chosen to focus on direct legal mechanisms for establishing parentage rather than maintaining a registry system. This approach emphasizes active participation in legal proceedings and the child’s life over simple registration. The state provides multiple pathways for establishing paternity, including voluntary acknowledgment, administrative processes, and court orders.

How can putative parents protect their rights in Colorado without a registry?

Putative parents in Colorado can protect their rights by taking proactive steps such as:

• Signing the Voluntary Acknowledgment of Paternity at birth
• Initiating maternity or paternity proceedings through the courts
• Maintaining active involvement in the child’s life
• Providing financial support
• Documenting all interactions and support provided.

What happens if maternity or paternity isn’t established immediately after birth?

In Colorado, proving parentage does not have a set time limit. However, delaying the process can impact various rights and benefits. The parent may miss important decisions about the child’s life, face challenges in establishing custody rights, and have difficulty accessing medical or educational records.

Additionally, child support obligations may be retroactive to the date of birth, regardless of when parentage is established.

How does Colorado handle adoption cases without a putative parent registry?

In Colorado, notice must be given to both presumed and putative parents unless their whereabouts are unknown or they have abandoned the child. The state requires reasonable efforts to identify and locate potential parents before proceeding with adoption. This process typically involves:

• Investigating known relationships
• Publishing notices when necessary
• Obtaining consent or proving abandonment
• Court verification of proper notification attempts.

What role does genetic testing play in establishing paternity in Colorado?

Genetic testing plays a crucial role in Colorado’s paternity establishment process. When ordered by the court or requested through the Child Support Enforcement office, DNA testing can provide scientific evidence of biological parentage. The results, if showing 97% or higher probability, create a legal presumption of paternity. This testing becomes particularly important in disputed cases or when multiple potential fathers are involved.

Goldman Law Can Help With Legal Paternity or Parenting Concerns. Call Us Today.

Navigating Colorado’s parenting laws can feel overwhelming, especially without a putative parent registry system in place. At Goldman Law, we specialize in helping parents establish and protect their parental rights through the various legal mechanisms available in Colorado.

Our experienced family law attorneys can guide you through voluntary acknowledgment, administrative processes, or court proceedings – whichever best suits your unique situation.

Don’t let uncertainty about your parental rights impact your relationship with your child. Reach out to our team at (303) 656-9529 for a professional case evaluation and learn how we can help protect your rights and your child’s future. Together, we can develop a strategic approach to establish and secure your parental rights under Colorado law.