Legal Requirements To Bring Paternity Actions and Timelines

Are you involved in a Colorado paternity proceeding? An experienced Colorado Springs, Colorado divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

Paternity actions are pursued for various reasons. There are times where actions are brought with the intent of establishing paternity, as well as with the intent to establish that a man is not the father of a child. A paternity action may be brought by a child, his or her natural mother, a presumed father, or the Department of Human Services. C.R.S. § 19-4-107(1).

There are different timeframes that apply to establishing paternity and disestablishing paternity. The action may be brought at any time if the father and mother were married or attempted to marry either before or after the child’s birth. C.R.S. § 19-4-107(1)(a). However, for purposes of establishing that a man is not the father of a child, the action must be brought within a reasonable period of time after obtaining knowledge of relevant facts, but not later than five years after the child’s birth. C.R.S. § 19-4-107(1)(b). There are time limits on paternity actions. In general, a paternity action may be brought at any time prior to a child’s 18th birthday by the mother or the father of the child, the child, or the Office of Child Support Enforcement. However, an action brought by a child whose paternity has not been determined may be brought prior to the child’s 21st birthday. C.R.S. § 19-4-108.

If the parties are not married, any interested party may bring an action at any time for the purposes of determining the existence or non-existence of the father-child relationship if:

• The child is under the age of majority and has been received into the home of the father and has been held out as the child of the father;
• The father acknowledges his paternity of the child in writing;
• Genetic tests establish paternity. C.R.S. § 19-4-107(2)

In a situation where there is no presumed father, a paternity action may be brought by the Department of Human Services; the mother of the child, the child’s personal representative; the mother’s personal representative, a putative father, or a father’s personal representative. C.R.S. § 19-4-107(3). In the situation where the parents have agreed to parentage, a paternity action may still be brought if the agreement was not issued as a court order. C.R.S. § 19-4-107(4).

As for fundamental due process rights, the natural mother, any presumed father, and any putative father must all be made parties to the action. If the party is not subject to the jurisdiction of the court, he or she must be given notice of the action and an opportunity to be heard. C.R.S. § 19-4-110. Any party may request a non-jury trial. C.R.S. § 19-4-128. The court may also enter an order requiring genetic testing to be done under C.R.S. § 19-4-112.

Prior to trial, a judicial officer will evaluate the probability of determining the existence or non-existence of the father-child relationship in a trial, and whether a judicial declaration of the relationship would be in the best interests of the child. The court may make any of the following recommendations:

• That the action be dismissed with or without prejudice;
• That the matter be compromised on by an agreement between the alleged father and mother that the father-child relationship is not determined but economic obligations may be under-taken by the alleged father;
• That the alleged father voluntarily acknowledge his paternity of the child; or
• That the action be consolidated with a relinquishment action. C.R.S. § 19-4-114(1)

If a party does not accept the recommendation, the court will require the parties to submit to genetic testing. If the parties do not agree to the test results, the court will set the matter for trial. C.R.S. § 19-4-114(3). The court will then hold a closed hearing to determine the best interests of the child. C.R.S. § 19-4-111(1). A temporary orders hearing can also occur to address allocation of parental responsibilities and child support if the existence of the parent-child  relationship has been determined. The judgment can require a new birth certificate to be issued naming the father, and can also contain provisions for support, medical insurance, child support arrears, and allocation of parental responsibilities.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.