Illegitimacy proceedings are generally considered to be civil in nature, and it is therefore generally recognized that the mother and putative father of an illegitimate child have the right to compromise, settle, or release a claim, and that such an agreement is a defense against subsequent proceedings by the mother.
Colorado Settlement Agreement and Release of Paternity Claim
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FAQ
In Colorado, fathers have the same custody rights as mothers do. Separation and divorce are difficult enough, but not seeing your kids can make it even harder. Most fathers don't realize that they have the same rights as the mother in these situations.
In Colorado, the court presumes paternity if the parties are married when the child is born or if an individual's name appears on the birth certificate as the father.
Mother's Rights in Colorado For parents who are not married, a mother has the same rights as one who goes through divorce. Some of these include: Custody. In general, the mother of a child usually gains custody, but this is not always the case.
So yes, your child's mother can legally keep your child from you if there is no custody agreement in place. If you are an unwed father in this situation, your best option is to establish paternity and then seek further parental rights. In Colorado, there are three ways to establish paternity.
A Rule 62 Petition -Obtaining Court Approval of a Personal Injury Settlement. Under Rule 62 of the Colorado Rules of Probate Procedure (?Rule 62?), a guardian or conservator of a minor or an incapacitated person (the ?protected person?) must obtain court approval of a proposed settlement of the ward's claim.
An action for paternity is a legal determination from the court that establishes the child's biological father. In Colorado, the court presumes paternity if the parties are married when the child is born or if an individual's name appears on the birth certificate as the father.
Even if his name appears on the child's birth certificate, a father must take legal action to prove paternity. Once paternity is established, an unmarried man is legally recognized as the child's parent. As a result, he is a stronger legal position to seek more parenting time.
C.R.S. 19-4-110 provides ?the mother, each man presumed to be the father under section 19-4-105, and each man alleged to be the natural father shall be made parties or, if not subject to the jurisdiction of the court, shall be given notice in a manner prescribed by the court and an opportunity to be heard.?
