Pottsville, PA asked in Child Custody, Child Support and Family Law for Colorado

Q: What are my rights if unmarried but have child?

I was engaged to girl and we had a child together. She recently ended things. She moved to be closer to her family and has our child during the week. I take him on the weekends. I want to see my son more, but want to keep things peaceful for son who just turned 2. How should I handle child support? She said she never wanted a family and is unstable emotionally. What are my legal rights?

2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: You have the right to have a relationship with your son and the responsibility to contribute towards his support. Either party may bring a court action to establish parental responsibility and child support. Parental responsibility-decision making and parenting time- will be decided in the child's best interests. Child support will be decided based on the respective incomes of the parties and the child's needs. You should retain an attorney to advise you further.

1 user found this answer helpful

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: If you are not getting the visitation you want with your child, you can certainly talk to the mother to see if you can come to some sort of other agreements. If not, your only option with enforceability would be to file a custody (allocation of parental responsibilities) case in the county where she resides. Child support will be part of that case as well. Again, you all could agree upon child support as well, without going to court. If you do come to agreements on your own, you should at least put them down on paper and both sign. Though those agreements might not be legally enforceable or binding, they would at least be evidence should you have to file a legal case down the road.

1 user found this answer helpful

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