Do I have full custody by default since I have been the sole caretaker?

[awesomemom]

Colorado-
I have been taking care of my daughter for the last 13 yrs. Her father has not ever been an active participating parent-
On my daughters 13th b-day her dad called us having not called for 2 1/2 yrs. stating that he was coming up from Mexico for her birthday. My question since her biological father has never taken any responsibility for his daughter does her have any rights as far as parental rights? Do I have full custody by default since I have been the sole caretaker of the child?

You do by default. He would have to go to court if he wants any more time than you are giving him.

A court will give him some visits --but nothing more given his behavior over all these years.

If you and the father weren't married when the child was born, and he did not sign an Acknowledgement of Paternity, nor have a paternity test done, he has not legal rights to the child. If you were unwed, you have sole custody by default.

If, providing all of the above is true and accurate, you do not have custody by default due to the circumstance that you have taken care of her yourself all these years. You have custody because there was no child conceived in marriage and there has been no court order establishing anyone as the legal father of the child.

You do not have to allow him to come visit the child, but that is a decision that is entirely up to you.