This page covers the law regarding psychological parents and child support in Colorado, including who may request parental rights and when a psychological parent may be required to pay child support.
Being biologically related to a child does not mean that a biological parent is the best caretaker. Children can form deep emotional connections with other adults who care for them. There may be negative impact of breaking such bonds with non-biological caretakers. When a psychological parent plays an important role in a child’s life, the preservation of that constructive relationship may outweigh a non-involved biological parent’s interests.
Standing to File for Custody/Allocation of Parental ResponsibilitiesBefore a psychological parent can request child custody, he or she must have legal standing to request it; meaning that a Court will recognize him or a her as a person who can ask for an APR. Sometimes, a non-parent may initiate an APR action if the child is not in the primary physical care of one or more parents, and if the non-parent had physical care of the child for at least 6 months out of the past year.
The question is whether the child has formed an important attachment with a non-parent by spending a significant period of time in the care of the non-parent. If the legal parent has also been involved, the situation becomes less clear and very fact specific. The psychological parent is not required to have exercised exclusive custody, however.
Who Is a Psychological Parent?After initiating an APR action, a psychological parent still has to establish that allocation of responsibilities to him or her is in the children’s best interests. A Court will look at the interactions between the third party and the child and whether those interactions were parental in nature. Some aspects of parental care involve major decision-making about the child and the provision of financial support. Courts also examine whether the child views the third party in a parental role. A non-parent does not have to establish that the biological parents are unfit to establish him or herself as a psychological parent.
Psychological Parents and Child SupportIf a psychological parent is allocated parental responsibilities, he or she can also be required to financially support the child. The responsibilities are often awarded together. Though a requirement to pay child support is less common in a dependency and neglect action than in an action where someone holds him or herself out as a psychological parent and requests APR.
Turning Change Into Opportunity in Colorado Springs Divorce and Family LawHow can an attorney help in psychological parenting matters? A Colorado Springs divorce and family law attorney can guide you through the Colorado court process. This allows you to focus on moving forward to a better future rather than on spending your time trying to figure out the overly complex court system. Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.