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When a child is born in Colorado to unwed parents, the mother is given sole legal and physical custody. The unmarried father has no custody or visitation rights. The birth of the child does not automatically grant a legitimate parent-child relationship.
In Colorado, a parent with primary custody of minor children has the right to move out of state with them, without the other parent's consent. This does not constitute parental kidnapping. However, the non-custodial parent has the right to petition the court to prohibit the removal of children from the state.
Under Colorado law, fathers enjoy equal rights and opportunities to the raising of their children. So long as the court determines that it is in the children's best interests, fathers may enjoy equal or even greater parenting time that the mother.
Is Colorado a mother or father state? Neither. Colorado family law does not err on the side of either parent, but encourages custody and parental responsibility to be equal between parents.
Age Children Can Refuse Visitation in Colorado To answer this simply, Colorado custody laws state: There is no magical or statutory age at which kids get to decide as to custody or visitation. Additionally, many courts allow kids more autonomy starting at the age of 14.
In Colorado, there is not set age limit on when a child can decide which parent to live with. The court will consider the child's wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.
At What Age Can a Child Decide Which Parent To Live With in Colorado? The judge ruling upon your divorce case will take your child's wishes into account when determining custody. A child between the ages of 12-14 will be given the opportunity to state which parent they would prefer to live with primarily.
Colorado favors joint custody arrangements, where both parents remain present in their children's lives post-divorce. Respectively, without strong legal grounds such as a restraining order or an emergency motion to restrict parenting time, the other parent cannot limit your time with the kids.
What is parental kidnapping? CRS 18-3-304 defines parental kidnapping in Colorado. It prohibits taking or enticing a minor child from the care of their legal guardian. To parental kidnapping, you have to know that you have no parental privilege or legal rights at the time.