What is Colorado’s Stance on ‘De Facto’ Parents?
What is Colorado’s Stance on ‘De Facto’ Parents? Colorado family law terminology can seem unusual to laypeople. One such term is ‘de facto parent.’ A de facto parent is not the biological parent but may attain official parental status under the law. Individuals may petition the court for de facto parent status under various circumstances. The details supporting a petitioner’s case will vary, but generally, a successful petitioner performs the parental role for the child. In essence, a ‘de facto parent’ is someone who acts as a parent and gains formal recognition of this role by a court.
Understanding the Motivations for Colorado’s Stance on De Facto Parent Status
Why might someone petition the court for de facto parent status? Why wouldn’t someone “playing the role” of a parent just simply continue to fulfill this function without formal court recognition? The answer is that there may be multiple legitimate motivations for seeking de facto parent status. When someone successfully becomes a de facto parent, that person acquires the same rights and responsibilities as a natural biological parent. In other words, they acquire the right to have contact with the child, and to have an influence over the child in various ways; furthermore, they also acquire responsibilities, including the responsibility to take care of the child financially. If someone is already performing the role of a parent, it’s relatively easy to see why acquiring these formal rights may be attractive.
Being a de facto parent gives a person formal legal standing in matters of child welfare and custody. This status allows them to participate in legal decisions affecting the child. Additionally, depending on the jurisdiction, a de facto parent may acquire the right to collect child support, providing further motivation for seeking this status. This legal recognition ensures that de facto parents have both rights and responsibilities, similar to biological parents, including the financial support necessary for the child’s upbringing
De Facto Parent Status in Colorado Law
The term ‘de facto’ parent doesn’t appear in Colorado law, but Colorado’s statutes and case law make it clear that Colorado does recognize third party nonparents as “parents” in certain situations. In Colorado, third-party nonparents who have spent sufficient time acting as a caretaker or custodian of a child, or who have been placed with a child, may petition the court for formal parental responsibilities. People commonly refer to these third-party nonparents who attain formal parental status as ‘psychological parents,’ although this term doesn’t specifically appear throughout Colorado’s legal system..
When it comes to child support, the law on de facto or psychological parents in Colorado is complicated. A full discussion of this topic is beyond the scope of this article. For now, we can simply say that, in some instances, there is a possibility that a de facto or psychological parent may be ordered to pay child support; what’s more, a de facto or psychological parent may also be eligible to receive child support in some instances as well. Again, a full treatment would require a very involved discussion, but whether a given third party parent is able to receive support or may be required to pay support is a highly fact sensitive matter. The outcome in any given case depends on the specific facts of that case.
Contact the Drake Law Firm for More Information
If you want to learn more about de facto parent status, other family law topics, or need to start a case, contact the Drake Law Firm at 720-679-8813