As someone who has been deeply involved in the children's lives, you may qualify as a "psychological parent," which is the first step to petition for parental rights. To establish this, you'll need to gather evidence like photographs, communication records, and testimonies that demonstrate your day-to-day interaction, companionship, and care for the children. It sounds like this will not be a problem for you.

Understanding Colorado's criteria for determining the "best interests of the child" is crucial. These factors are outlined in Colorado Revised Statute 14-10-124, subsection 1.5. Align your situation with these factors to build a strong case. For instance, if you've been the primary caregiver, that could weigh heavily in your favor. Given that the biological father has been minimally involved—seeing his children only a few times in 2.5 years and providing no financial or emotional support—these points should be emphasized in your case.

Be prepared for the court to give "special weight" to the biological parents, however, as mandated by the Troxel v. Granville decision. Thus, your case needs to be exceptionally strong to override this preference. Consider bringing in expert witnesses like child psychologists or social workers who can testify on your behalf. The legal system's tendency to favor biological parents makes it essential for you to build a compelling case and therefore I would recommend you retain an attorney.

For more information specific to step parents check out our FAQ "Can a Stepparent Get Custody Rights in Colorado?"

If you would like a free case assessment with our team, please contact us at (303) 688-0944.