Parentage & Allocation of Parental Responsibilities for Unmarried Parents
Denver Attorneys for Parentage and Unmarried Parents in Colorado
A huge share of Colorado parenting cases now involve parents who were never married. The law gives your case the same weight as any divorce. This page covers how it works.
Colorado does not run a second-class track for unmarried parents. Parenting time and decision-making are allocated under exactly the same best-interests standard as in a divorce, and child support runs on the same statewide guidelines. What differs is the front door: before a court can allocate anything, the law has to know who the parents are, and someone has to actually open a case.
That second part is where unmarried parents most often get hurt. Informal arrangements work until they do not, and the day they stop working, there is no order for anyone to enforce. Getting a real order in place while things are amicable is the single most protective step an unmarried parent can take.
How we help
- Establishing legal parentage under Colorado's Uniform Parentage Act, by acknowledgment or through the courts
- Allocation of parental responsibilities petitions when there is no divorce, filed under the same best-interests standard
- Child support for unmarried parents, calculated on the same statewide guidelines as any divorce case
- Parenting plans, schedules, and decision-making for parents who were never a household
- Genetic testing and contested parentage, handled with speed and discretion
- Turning an informal arrangement into an enforceable court order before a dispute starts
Establishing Parentage Under Colorado Law
Legal parentage is governed by Colorado's Uniform Parentage Act, in Title 19 of the statutes. For many families it is settled at the hospital, when both parents sign a voluntary acknowledgment of paternity. Where it is not settled, a parentage case can establish it, with genetic testing available through the court when the facts are disputed.
- A signed voluntary acknowledgment generally establishes legal parentage without a court fight, and it carries real legal consequences, so sign it knowingly.
- Being on the birth certificate is not the same thing as having an enforceable right to time with your child. That takes a court order.
- Presumptions of parentage can arise from circumstances the statute describes, and competing presumptions are resolved by the court.
- Parentage cuts both ways: it is the foundation for parenting time and for the duty of support alike.
Allocation of Parental Responsibilities Without a Divorce
Unmarried parents use the same case type Colorado courts apply after separation of any kind: a petition for allocation of parental responsibilities under C.R.S. 14-10-123, typically filed in the district court for the county where your child lives. The court then allocates parenting time and decision-making under the best interests of the child, exactly as it would in a dissolution.
Until that order exists, neither parent has a schedule anyone can enforce. Colorado law does not hand either parent superior rights, but a right without an order is a conversation, not a protection. If the other parent stops answering the phone, an order is the difference between a remedy and a standoff.
Child Support for Unmarried Parents
Support runs on the same income-shares guidelines as every Colorado case, under the law in effect since March 1, 2026: both incomes, the overnight schedule, and the standard adjustments. Our child support calculator runs the current statute for unmarried parents exactly as it does for divorcing ones.
County child support services units can also establish and enforce administrative support orders, which matters for parents who need support moving before a full parenting case resolves.
Turning an Informal Arrangement Into a Real Order
The best time to formalize is when things are working. Courts readily approve parenting plans both parents sign, the process is far cheaper than a contested case, and the order simply sits there, protecting everyone, until it is needed. We draft these regularly: your existing arrangement, written to hold.
Local courts and where to file
Parentage and APR cases are heard in the same metro district courts as divorces (the courthouse list is on our divorce page), and magistrates commonly handle early stages. When a parentage question and a parenting question arrive together, the cases coordinate so the same facts are not litigated twice.
Last updated August 2026.
Questions we hear
Parentage & Unmarried Parents FAQ
I am on the birth certificate. Do I need anything else?
Yes, if you want enforceable time with your child. The birth certificate and a support obligation do not create a parenting schedule. Only an allocation of parental responsibilities order does that, and getting one while things are calm is far easier than getting one during a crisis.
Does the mother automatically have custody in Colorado?
Colorado law does not grant either legal parent superior rights. But practically, until a court enters an order, the parent with physical possession of the child controls the situation, because there is nothing for law enforcement or a judge to enforce. That practical reality is the reason to open a case.
Can child support be handled without a custody case?
It can be. A child support order does not require a parenting case to be open, and county child support services can help get support established. Even so, many parents find it best to address support and parenting time together, so the whole arrangement is settled at once. A free consultation is a good place to sort out which path fits your situation.
What if I am not sure the child is mine?
Ask for genetic testing before signing anything. A voluntary acknowledgment of paternity has binding legal consequences and unwinding one later is genuinely difficult. Testing through a parentage case resolves the question with certainty for everyone, including the child.
We agree on everything. Do we still need a court order?
That is precisely the moment to get one. Courts approve agreed parenting plans routinely, the cost is modest, and the order protects the agreement you already have against the day one of you changes your mind, moves, or meets someone new.
Do unmarried parents' cases take longer than divorces?
Often they are simpler, with no marital property to divide and no maintenance. A parentage dispute or a contested schedule can extend things, and an APR case can take as long as a divorce.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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