Unmarried parents having children is becoming a more common occurrence in the U.S. According to the National Center for Health Statistics, 39.7 percent of all births in 2007 were to unmarried women. Unmarried parents in Colorado should be aware of the steps they need to take to ensure that they secure their parental rights for child custody, parenting time and child support.

Establishing Legal Parentage

One of the most efficient ways to establish legal parentage is to have both parents listed on the birth certificate. If the father of a child is not married to the child's mother, Colorado law requires both parties to sign an Acknowledgement of Paternity form in order to be listed on the birth certificate. The Acknowledgement is legally binding after 60 days. This form does not establish rights to custody, parenting time or child support; if the parties disagree on these matters they must seek a court order.

If a parent is not on the birth certificate, either parent can petition the court to acknowledge parentage at a later date.

Pursuing Custody and Child Support

It is important for unmarried parents to establish legal parentage because both of a child's legal parents have the right to pursue custody in the event that the parents split up. After the court decides custody of the child, the non-custodial parent has the right to parenting time and the custodial parent has the right to child support payments from the non-custodial parent.

Custody Decisions

Parents who have not established legal parentage have a more difficult time obtaining custody or parenting time, since they have no legal rights regarding the parent-child relationship. The parent seeking custody or parenting time would have to first establish legal parentage and then show that it is in the best interest of the child for that parent to have custody or parenting time.

Without establishing legal parentage, a parent would be in the position of a third party trying to petition for custody. In Colorado, third parties may only obtain custody if the child is not "in the physical care" of one of the parents.

Consult an Attorney

Custody and parenting time disputes can be particularly difficult because each family's circumstances are unique. Parents can often benefit from the assistance of an experienced attorney who can help ensure the best possible outcome in the situation.