Legal Question in Family Law in Colorado

Please note this is a very short and general answer to a situation which may rapidly become complex. I strongly advise you to consult an attorney for a more precise answer. That said, here is a short and general answer to get you on the right track.

Yes, letting this go on for a full year (which in your case would be the child at age 15 months) can be construed as abandonment. Abandonment requires that she be able to prove no contact with the child (contact includes sending birthday or holiday presents or letters or gifts), and providing no support to the child. Document your efforts to see the child. Keep an eye on the legal notices in the papers in the community where she lives, as well as your own community, in case she files and claims she cannot find you. If she does, she will have to publish notice. You have the right to be heard if she makes this argument, or takes any other legal action pertaining to the child.

You have the right to file for parenting time (Allocation of Parental Responsibilities or APR).

Until court papers are filed, either of you, as the birth parents, has equal right to have the child with you and in your care.

Colorado courts are far more gender neutral than in the past, though some judges are more so than others. Generally speaking, you can expect at least some parenting time. As your child is still an infant, parenting time is likely to be (at least initially) for frequent short visits (for example maybe 2-3 times a week for 2 hours at a time). As your child gets older, odds of getting something closer to 50/50 parenting time increase. Overnights are not impossible at this age, depending on your situation, but get more likely as the child gets older.

The Court will also assign decision making, either over all or in key areas. The ones used by default include school, religion, medical care, and activities. Initially, the Court may give those all to the mother in this situation, though you may persuade the Court that joint decision making is appropriate.

The Court is required to consider several factors in determining parenting time, too numerous to set out fully here. The primary consideration is the best interest of the child. A few of the other considerations include any past domestic violence by either of you, any past criminal actions relating to abuse of children by either of you, and who has been the primary caretaker (from your description she's got that one right now).

If the two of you can agree on a parenting time schedule (which can sometimes happen when you think it can't, as the other realizes that it protects and benefits her too), you can set it up to be just about anything you want within reason. The Court will have to sign off on it of course.

Expect a child support order. It is the right of the child to be supported, and you cannot waive it. If you can both persuade the Court why the child support order should be less than guidelines or $0, the Court can adopt that agreement. But you have to show the Court why that arrangement is in the child's best interests, not merely yours and hers.

Finally, remember that even though they call it "permanent orders" there is really no such thing when it comes to children. Parenting time, decision making, and child support can all be modified through the years to adapt to life's changes.