DO UNMARRIED PARENTS HAVE EQUAL RIGHTS TO THEIR CHILD IN COLORADO?
Colorado child custody laws for unmarried parents start from one rule: the parent and child relationship extends equally to every child and every parent, regardless of the parents' marital status. That is the wording of C.R.S. 19-4-103. There is no Colorado rule that gives an unmarried mother automatic custody, and no rule that favors either parent because of sex.
The step many unmarried parents miss is legal parentage. The parent who gave birth is a legal parent by giving birth, but the other parent usually needs a legal presumption, a signed acknowledgment, or a court order before a court will treat them as a parent in a case about the child.
This guide explains how parentage is established under Colorado's Uniform Parentage Act, where things stand before any court order, how an unmarried parent asks the court to allocate parental responsibilities, and how child support and the birth certificate fit in.
TABLE OF CONTENTS
- Where Things Stand Before Any Court Order
- How Parentage Is Established in Colorado
- The Birth Certificate
- How an Unmarried Parent Starts a Case
- The Same Best Interests Standard as Married Parents
- Child Support When Parents Never Married
- Practical Steps for Unmarried Parents
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
WHERE THINGS STAND BEFORE ANY COURT ORDER
Until a court enters orders, no one has been allocated decision-making responsibility or parenting time. Each legal parent has the same standing under C.R.S. 19-4-103, and neither parent holds an order the other must follow. A parent whose parentage has not yet been established through one of the routes below is in a weaker position, which is why parentage usually comes first.
The statutes do not spell out day-to-day rights before an order, so treat this as the general framework rather than an answer to a specific dispute.
In practice, that means an informal arrangement lasts only as long as both parents keep agreeing to it. If one parent stops exchanges, withholds the child, or plans a move, the way to get an enforceable schedule is to ask the court for one.
Filing also brings some protection right away. When a parent's parentage petition and summons are personally served, or service is waived, an automatic temporary injunction under C.R.S. 19-4-105.5 binds both parties. It bars either parent from removing the child from Colorado without the consent of all parties or a court order, and it lasts 120 days unless the parties agree to a change or the court sets a different period.
The injunction does not apply to a case brought by a county child support unit, so a parent who wants that protection generally needs to file or be served in a court parentage case.
One more point is worth checking early. If you and the other parent lived together and agreed to be married, you may have a common law marriage, which would make this a dissolution case rather than a parentage case.
HOW PARENTAGE IS ESTABLISHED IN COLORADO
Colorado's Uniform Parentage Act is Title 19, Article 4 of the Colorado Revised Statutes. Under C.R.S. 19-4-104, the relationship with the parent who gave birth can be shown by proof of the birth. For the other parent, there are three main routes: a presumption, a voluntary acknowledgment, or a determination by a court or child support agency.
Presumptions of Parentage
Under C.R.S. 19-4-105, a person is presumed to be a child's parent in several situations, including these:
- The person was married to, or in a civil union with, the birth parent, and the child was born during that relationship or within 300 days after it ended.
- After the birth, the person married (or attempted to marry) or entered a civil union with the birth parent, and the person also asserted parentage in a writing filed with the court or the state registrar, was named as a parent on the birth certificate with consent, or is obligated to support the child by a written promise or an order.
- While the child is a minor, the person received the child into their home and openly held the child out as their own.
- Genetic testing shows the person is not excluded and the probability of parentage is 97 percent or higher. This presumption does not apply to a donor.
A presumption can be rebutted only by clear and convincing evidence or by a court decree establishing someone else's parentage. A presumption is a starting point, not an order about parenting time.
The Voluntary Acknowledgment of Parentage
Colorado's statute now calls this form a voluntary acknowledgment of parentage, though many people still call it an acknowledgment of paternity. It can be signed by the parent who gave birth and a person who is, or believes they are, the genetic parent, or an intended parent of a child conceived through assisted reproduction. Hospitals must give unmarried parents the opportunity to complete it under C.R.S. 25-2-112, and Colorado Child Support Services notes it can also be completed through Colorado Vital Records.
If the birth parent is married or in a civil union, the spouse or partner must sign a denial of parentage before another person can be acknowledged. The acknowledgment takes effect when it is filed with the state registrar of vital statistics. A signer may rescind it within the earlier of 60 days after signing or the date of a court or administrative parentage or child support proceeding to which the signer is a party.
After that window, the acknowledgment can be challenged in court only on the basis of fraud, duress, or mistake of material fact, and the person challenging it carries the burden of proof. Support obligations continue during a challenge unless the court finds good cause otherwise. An acknowledgment that is not rescinded or successfully challenged is equivalent to a court adjudication of parentage.
A Court or Child Support Agency Determination
Under C.R.S. 19-4-107, the people who may bring a parentage action include the child, the mother, a presumed father, a man who claims to be the father, and the state or a county department of human services. An action to disprove a presumption based on marriage or an attempted marriage must be brought within a reasonable time after learning the relevant facts, and no later than five years after the child's birth.
Otherwise, under C.R.S. 19-4-108, the mother, the father, the child, or the child support agency may bring a parentage action any time before the child's 18th birthday. A child whose parentage has not been determined may bring one until age 21.
Parentage cases belong to the juvenile court under C.R.S. 19-4-109, which outside Denver is the juvenile division of the district court under C.R.S. 19-1-103. The case may be filed where the child or the alleged father lives or is found, or where public assistance was paid for the child. In El Paso and Teller counties, that is the Fourth Judicial District.
The Judicial Branch's List of Fees shows $268 for a parentage petition, and fees can change. A fee waiver can be requested, and county child support offices can establish parentage and support at no fee, as described on the Colorado Child Support Services parentage page.
Genetic Testing
Under C.R.S. 19-4-112, genetic testing must be ordered on the motion of the court or any interested party. Parents can also agree to testing before any case is filed. A county child support unit can issue a subpoena requiring the parties and child to provide genetic samples.
The Judicial Branch's self-help page on establishing parentage lists the court forms, including an agreement for genetic testing and a motion for genetic testing. If you have any doubt about parentage, testing before signing an acknowledgment is the cleaner path.
THE BIRTH CERTIFICATE
When the parent who gave birth is unmarried, the other parent's name goes on the birth certificate only if both parents request it in writing on the state form or a court has determined parentage. That written request is the acknowledgment process described above.
If a court later enters a parentage judgment that differs from the birth certificate, the court orders a new certificate. Under C.R.S. 19-4-124, the state registrar issues it, and the original and the evidence are sealed.
Being named on the birth certificate matters, but it does not create a parenting schedule. Decision-making responsibility and parenting time come from a court order, usually one that approves a parenting plan.
HOW AN UNMARRIED PARENT STARTS A CASE
Colorado calls what most people know as custody the allocation of parental responsibilities. Under C.R.S. 14-10-123, a parent who is not married to the other parent can start that case in one of two main ways:
- File a petition for allocation of parental responsibilities in the county where the child permanently lives or is found. The List of Fees shows $252 for this petition.
- File a motion in an existing juvenile court case, such as a parentage case or a child support case.
When parentage is still in question, the court decides it first. A parentage judgment under C.R.S. 19-4-116 may also cover support, allocation of parental responsibilities, and parenting time. Under C.R.S. 19-4-130, the court must enter temporary or permanent orders on decision-making and parenting time when a party asks for them.
Parents who agree can submit a parenting plan for the court to approve. When they do not agree, the court formulates its own plan, and it may order mediation to help the parents build one.
THE SAME BEST INTERESTS STANDARD AS MARRIED PARENTS
Once both people are legal parents, the court decides decision-making responsibility and parenting time under C.R.S. 14-10-124, the same statute that applies in a divorce. The court gives paramount consideration to the child's safety and the child's physical, mental, and emotional conditions and needs.
The statute also says the court may not presume that a parent is better able to serve the child's best interests because of that parent's sex. Colorado has no presumption of equal parenting time either. The schedule depends on the child.
The parenting time factors include:
- The wishes of each parent, and the wishes of a child who is sufficiently mature to express reasoned and independent preferences.
- The child's relationships with parents, siblings, and others who significantly affect the child.
- The child's adjustment to home, school, and community, and the mental and physical health of everyone involved.
- Each parent's ability to encourage the child's relationship with the other parent.
- Whether each parent's past involvement shows a commitment of time and support, and how far apart the parents live.
- Each parent's ability to put the child's needs ahead of their own.
For a parent who has had little time with the child so far, the past involvement factor can weigh on the schedule. Our overview of Colorado custody laws and our guide to parenting time in Colorado cover the framework in more depth, and fathers may find our article on fathers' rights in Colorado useful.
Claims of domestic violence or child abuse change how the court approaches these decisions. Our article on how domestic violence affects child custody in Colorado explains those rules. If either parent plans to move, see our guide to child relocation cases in Colorado.
CHILD SUPPORT WHEN PARENTS NEVER MARRIED
Under C.R.S. 19-4-129, the child support guidelines in C.R.S. 14-10-115 apply to every support order in a parentage case. Support is calculated from both parents' combined incomes, the same way it is calculated in a divorce. Our guide to child support in Colorado walks through the calculation.
A parentage judgment can also address support for a period before the order. Under C.R.S. 19-4-116, that retroactive support is discretionary, and the court weighs factors such as the child's needs, each parent's means, the support already provided, and any efforts to avoid service or restrict access. Our article on retroactive child support in Colorado goes further.
The court may also direct the father to pay genetic testing costs and the reasonable expenses of the pregnancy and birth. Support in a parentage case generally continues until the child turns 19, as explained in when child support ends in Colorado.
PRACTICAL STEPS FOR UNMARRIED PARENTS
- Read the acknowledgment of parentage before signing it at the hospital. If you are unsure about parentage, ask for genetic testing first.
- If you signed and now doubt it, act quickly. The rescission window is short.
- Keep a simple record of the time each parent spends with the child and the support each provides. Both can matter later.
- Do not rely on an informal schedule if the relationship is under strain. A court order is what makes a schedule enforceable.
- Talk to a lawyer before either parent moves the child to another city or state.
Our Colorado Springs child custody lawyers handle parentage and allocation cases for both mothers and fathers in El Paso and Teller counties.
FREQUENTLY ASKED QUESTIONS
Does an Unmarried Mother Automatically Get Custody in Colorado?
No. Colorado law extends the parent and child relationship equally to every parent regardless of marital status, and a court may not presume either parent is better suited because of sex. Until a court enters orders, neither legal parent has been allocated parenting time or decision-making, although the other parent first needs legal parentage through a presumption, an acknowledgment, or a court order.
How Long Do I Have to Rescind an Acknowledgment of Parentage?
In Colorado you can rescind it within the earlier of 60 days after signing or the date of a court or administrative parentage or child support proceeding to which you are a party. After that, it can be challenged in court only for fraud, duress, or mistake of material fact, and the challenger carries the burden of proof.
Does Signing the Birth Certificate Give a Father Parenting Time?
No. In Colorado, a voluntary acknowledgment of parentage filed with the state registrar, the form that adds a parent to the birth certificate, is equivalent to a court adjudication of parentage unless it is rescinded or successfully challenged. It does not set a parenting schedule, so a parent who wants enforceable parenting time needs a court order.
Is There a Deadline to Establish Paternity in Colorado?
Generally, a Colorado parentage action can be brought any time before the child turns 18, and a child whose parentage has not been determined may bring one until age 21. An action to disprove a presumption that arises from marriage must be brought within a reasonable time and no later than five years after the child's birth.
Do Unmarried Parents Use the Same Child Support Guidelines?
Yes. C.R.S. 19-4-129 applies the child support guidelines in C.R.S. 14-10-115 to every support order in a parentage case, so support is calculated the same way as in a divorce.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
Parentage questions are easier to settle early, before a rescission window closes or a move turns a disagreement into an emergency. A short conversation can tell you whether you need a parentage case, an allocation petition, or both.
If you would like to talk through your situation, Moran, Allen & Associates Family Law Attorneys can meet with you. Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation.
This article is general information about Colorado law as of October 2026 and is not legal advice. Laws, court fees, and procedures change, so speak with a licensed Colorado attorney about your own situation.
SOURCES
- C.R.S. 19-4-103, Relationship Not Dependent on Marriage
- C.R.S. 19-4-104, How Parent and Child Relationship Established
- C.R.S. 19-4-105, Presumptions and Voluntary Acknowledgment of Parentage
- C.R.S. 19-4-105.5, Commencement of Proceedings and Automatic Temporary Injunction
- C.R.S. 19-4-107, Who May Bring a Parentage Action
- C.R.S. 19-4-108, Statute of Limitations
- C.R.S. 19-4-109, Jurisdiction and Venue
- C.R.S. 19-4-112, Genetic Testing
- C.R.S. 19-4-116, Judgment or Order in Parentage Cases
- C.R.S. 19-4-124, Birth Records
- C.R.S. 19-4-129, Child Support Guidelines in Parentage Cases
- C.R.S. 19-4-130, Orders Allocating Parental Responsibilities in Parentage Cases
- C.R.S. 19-1-103, Children's Code Definitions (Juvenile Court)
- C.R.S. 14-10-115, Child Support Guidelines
- C.R.S. 14-10-123, Commencement of Proceedings Concerning Allocation of Parental Responsibilities
- C.R.S. 14-10-124, Best Interests of the Child
- C.R.S. 25-2-112, Certificates of Birth and Establishment of Parentage
- Colorado Judicial Branch, Establish Someone as a Parent
- Colorado Judicial Branch, List of Fees
- Colorado Child Support Services, Parentage