In Colorado, both parents are generally assumed to have equal rights to their child unless a court order states otherwise, and being listed on the birth certificate gives the father legal recognition. However, this doesn't necessarily define the specific rights and responsibilities. If there is a parenting plan in place, it should outline the allocation of parental responsibilities, including parenting time and decision-making authority. Both parents are expected to adhere to this plan.
If you have a parenting plan, you'll need to review it first. If the mother is not complying with your parenting plan you can file with the court to enforce it.
The mother could deny you visitation if your parental rights were terminated. Termination of parental rights is a serious legal action and typically only occurs in extreme situations such as abuse, neglect, or abandonment. It is unlikely that a mother could unilaterally deny a father's rights without a court order based on substantial evidence.
If there is no parenting plan in place, the situation can become more complicated. Without a court-ordered plan, there may be no clear guidelines for resolving disputes between the parents. In this situation, it is crucial to start a case to establish a parenting plan. This will help protect the rights of both parents and ensure that decisions are made in the best interests of the child.
If you are married to the mother, you would file for dissolution of marriage. If you are not married to the mother you would file for Allocation of Parental Responsibilities. The allocation of parental responsibilities in Colorado is determined based on the best interests of the child, considering factors such as the child's needs, the parents' ability to cooperate, the child's relationship with each parent, and more.
I would recommend speak with an attorney to better understand your rights. If you would like to schedule a free case assessment please contact us at (303) 688-0944.