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Can a mother deny a father, listed on the birth certificate since birth, to see his child?
Aug 21, 2023
Family Law
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

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.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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