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Denver, CO 80206

Parental Rights for Child outside Marriage

I am guilty of having an affair on my wife that has resulted in a baby. He is now 4 months old. I found out when he was 2 months old. My wife has stood by my side and we payed for the Paternity Test and have had joint physical custody with the mother of the baby for the last two months. I am trying to get her to make this parenting plan legal, by filling out the paper work and filing it with the courts. It has been a month and she has made up excuses on why she has not returned it to me so we can discuss the issues prior to filing. How do I get this process moving? What are my rights as a married man with a child outside my marriage, however I am willing to be in this childs life.

You are the father and have the same rights as though you had been married to the mother. The fact that you have never been married to the mother is irrelevant. You will need to file an Allocation of Parental Responsibility Action in the courts to protect your rights and obligations towards this baby. The court will establish “custody” in terms of decision making, parenting time and child support.