DO FATHERS HAVE EQUAL RIGHTS IN COLORADO?
Yes. In a Colorado parenting case, fathers' rights are the same as mothers' rights: under C.R.S. 14-10-124, a court may not presume that either parent is better able to serve the child's best interests because of that parent's sex. Decision-making responsibility and parenting time are allocated on the child's best interests, not on whether you are the mother or the father.
Equal rights do not mean an automatic 50/50 schedule. Colorado has no presumption of equal parenting time, so the result depends on the facts the statute tells judges to weigh.
This article explains what a sex-neutral law means in practice, the extra step unmarried fathers must take, how child support works, and what military fathers should know about deployment. It closes with what a fathers' rights attorney actually does.
TABLE OF CONTENTS
- What a Sex-Neutral Law Means in Practice
- Unmarried Fathers: Establish Parentage First
- Practical Steps for Fathers
- Child Support Is Calculated the Same Way
- Military Fathers and Deployment
- Frequently Asked Questions
- Working With a Fathers' Rights Attorney in Colorado Springs
- Sources
WHAT A SEX-NEUTRAL LAW MEANS IN PRACTICE
Because the law does not start from either parent's sex, the case turns on the best interests factors. For parenting time, those include each parent's relationship with the child, the child's adjustment to home and school, each parent's ability to encourage the child's relationship with the other parent, and whether each parent's past involvement reflects a system of values, time commitment and mutual support.
For decision-making, the court also looks at credible evidence that the parents can cooperate and make decisions together. In practice, the evidence is about parenting: who has handled school, medical appointments, activities and daily routines, and how each parent has supported the child's bond with the other.
A few other rules apply to every parent:
- The court may not consider conduct that does not affect a parent's relationship with the child.
- A parent allocated parental responsibilities cannot be denied access to the child's medical, dental and school records unless the court orders otherwise for good cause, under C.R.S. 14-10-123.8.
- The same rules apply whether the case is a divorce, a legal separation, or a declaration of invalidity (see our guide to annulment in Colorado). Under C.R.S. 14-10-111, the provisions on allocating parental responsibilities apply to decrees of invalidity too.
For the full framework, read our overview of Colorado custody laws, and for how divorce cases move through the courts here, see our page on Colorado divorce law and our divorce representation.
UNMARRIED FATHERS: ESTABLISH PARENTAGE FIRST
A father who was not married to the child's mother needs his legal parentage established before a court will allocate parental responsibilities to him as a parent. That can happen before any custody case or inside one: when a parent files a petition for allocation of parental responsibilities under C.R.S. 14-10-123, the court must determine legal parentage as part of the case.
Colorado's parentage statute, C.R.S. 19-4-105, recognizes several routes. A person is presumed to be a parent if, for example, they take the child into their home while the child is a minor and openly hold the child out as their own, or if genetic testing shows a probability of parentage of 97 percent or higher.
A voluntary acknowledgment of parentage signed by both parents and filed with the state registrar of vital statistics is treated like a court ruling on parentage. A signer can rescind it within 60 days after signing, or by the date of a court or administrative parentage or child support proceeding involving the signer if that comes first. After that, it can be challenged only for fraud, duress or a material mistake of fact.
The Judicial Branch's list of fees shows $268 for a parentage action, as published in January 2025 and subject to change. Our guide to Colorado child custody laws for unmarried parents covers these cases in depth.
PRACTICAL STEPS FOR FATHERS
The statute's factors focus on involvement and cooperation, so the most useful steps are ordinary ones done consistently.
- Keep an involvement record. Note school pickups, medical appointments, practices, homework help and overnights, and keep the calendars, emails and texts that show them.
- Propose a specific parenting plan. The Judicial Branch's Parenting Plan, JDF 1113, covers decisions, schedules, holidays, travel and phone contact. A detailed, workable proposal shows the court you have thought about the child's week; our guides to parenting time schedules and splitting holidays can help.
- Communicate in writing and keep it civil. Many co-parenting apps keep messages, shared calendars and expense records in one place. Assume anything you write may be read by a judge.
- Support the child's relationship with the mother. Each parent's ability to encourage the child's contact with the other parent is a statutory factor.
- Follow every order while the case is pending. The automatic temporary injunction bars either parent from taking the child out of Colorado without the other parent's consent or a court order.
- Keep paying support and keep exchanges on schedule. Colorado treats support and parenting time as separate issues, and withholding either one can expose you to court remedies.
- Take mediation seriously. In El Paso and Teller counties, a Fourth Judicial District order generally requires mediation before a court hearing in domestic cases, and it is your chance to shape the plan with the other parent before a judge does.
If the Other Parent Is Not Following the Schedule
Write down each missed or refused exchange and file a verified motion under C.R.S. 14-10-129.5. The court can order makeup time, counseling, fines and other remedies, as explained in our parenting time guide.
CHILD SUPPORT IS CALCULATED THE SAME WAY
Colorado's child support guidelines in C.R.S. 14-10-115 calculate support from both parents' combined adjusted gross income. Nothing in the formula depends on whether the paying parent is a father or a mother.
Parenting time affects the numbers. Under the current guidelines, shared physical care means each parent keeps the children at least one overnight a year and both contribute to the children's expenses beyond child support, and the shared-care calculation accounts for overnights. Even with equal time, one parent may still owe support if the incomes differ.
Support and parenting time remain separate: the enforcement statute directs the court not to condition support on parenting time. Our guide to child support in Colorado explains the calculation in more detail.
MILITARY FATHERS AND DEPLOYMENT
The Colorado Springs area is home to Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy, so deployment questions come up often. Colorado's version of the Uniform Deployed Parents Custody and Visitation Act, C.R.S. Title 14, Article 13.7, protects deploying parents in several ways.
- A parent's past deployment or possible future deployment cannot be the sole basis for a best interests decision (C.R.S. 14-13.7-107).
- Where there is an existing custody order, a deploying parent must give the other parent written notice within 12 calendar days after receiving deployment orders, or as soon as reasonably possible, and each parent must share a plan for the deployment (C.R.S. 14-13.7-105).
- On the deploying parent's motion, and if it serves the child's best interests, a court may give caretaking authority to an adult family member, such as a grandparent, or another adult with a close and substantial relationship with the child, limited to the deploying parent's own time unless the other parent agrees (C.R.S. 14-13.7-306).
- Once a parent receives notice of deployment, a court may enter an interim order, but it may not enter a permanent order granting custodial responsibility without the deploying parent's consent (C.R.S. 14-13.7-302). A court-ordered interim grant ends 35 days after the deploying parent gives notice of return (C.R.S. 14-13.7-404).
Federal law adds protection. Under the Servicemembers Civil Relief Act, 50 U.S.C. 3932, a court must stay a civil proceeding for at least 90 days when a servicemember who has notice of the case applies and shows, with the required letters, that military duty prevents appearing. Our page on military divorce in Colorado Springs covers related issues.
FREQUENTLY ASKED QUESTIONS
Do Colorado Courts Favor Mothers in Custody Cases?
Colorado law does not allow it. Under C.R.S. 14-10-124, the court may not presume that either parent is better able to serve the child's best interests because of that parent's sex.
Does an Unmarried Father Have Parental Rights in Colorado?
Yes, once legal parentage is established, for example through a filed voluntary acknowledgment or a court determination. After that, he stands on the same footing as the mother under the best interests standard.
Can a Father Get the Majority of Parenting Time in Colorado?
Yes, if that schedule serves the child's best interests. The court applies the same factors to both parents, including past involvement and each parent's ability to support the child's relationship with the other.
Does a Father With Equal Parenting Time Still Pay Child Support?
He may. Support is calculated from both parents' incomes with an adjustment for each parent's overnights, so with equal time the higher-earning parent may still owe support.
Can a Father's Military Deployment Be Used Against Him?
Not on its own. Colorado law says a parent's past or possible future deployment cannot be the sole basis for deciding the child's best interests.
WORKING WITH A FATHERS' RIGHTS ATTORNEY IN COLORADO SPRINGS
A fathers' rights attorney is a family law attorney who represents fathers under the same statutes that apply to every parent. The work is practical: explaining which factors matter on your facts, organizing the record of your involvement, drafting a specific parenting plan, preparing you for mediation and for any investigator or evaluator, and presenting evidence if the case goes to a hearing.
If you are deciding whether you need representation, our article on what a divorce attorney does and when you need one may help. To talk through your situation with Moran, Allen & Associates Family Law Attorneys, 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 and court procedures change, so speak with a licensed Colorado attorney about your own situation.
SOURCES
- C.R.S. 14-10-124, Best Interests of the Child
- C.R.S. 14-10-123.8, Access to Records
- C.R.S. 14-10-111, Declaration of Invalidity
- C.R.S. 14-10-123, Commencement of Proceedings Concerning Allocation of Parental Responsibilities
- C.R.S. 19-4-105, Presumption of Paternity (Parentage) and Voluntary Acknowledgment
- C.R.S. 14-10-129.5, Disputes Concerning Parenting Time
- C.R.S. 14-10-115, Child Support Guidelines
- C.R.S. Title 14, Article 13.7, Uniform Deployed Parents Custody and Visitation Act
- C.R.S. 14-13.7-105, Notification Required of Deploying Parent
- C.R.S. 14-13.7-107, Consideration of a Parent's Military Service
- C.R.S. 14-13.7-302, Proceeding for Interim Custody Order
- C.R.S. 14-13.7-306, Grant of Caretaking or Decision-Making Authority to Nonparent
- C.R.S. 14-13.7-404, Termination by Operation of Law of Interim Grant
- 50 U.S.C. 3932, Servicemembers Civil Relief Act, Stay of Proceedings
- Colorado Judicial Branch, Parenting Plan (JDF 1113)
- Colorado Judicial Branch, List of Fees
- Fourth Judicial District, Blanket Order to Alternative Dispute Resolution/Mediation in Domestic Cases (FCF 300A)