Paternity and Determining Parentage in Colorado Springs, Colorado

Are you involved in a Colorado paternity proceeding? An experienced Colorado Springs 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.

There are many reasons to establish parentage if a parent’s name is not on a child’s birth certificate, if there is a question about paternity, or if there is a lack of acknowledgment of paternity. One major reason is to establish child support. The other is to establish a family relationship. Paternity is governed by the Uniform Parentage Act. C.R.S. §§ 19-4-101, et seq. A “parent and child relationship” refers to the legal relationship between a parent and child. That legal relationship dictates the rights, privileges, and obligations from a parent to a child. Parentage does not depend on a marriage between parties, but is independent of marriage.

Parental relationships are determined in different ways. A mother-child relationship is established by proof of the mother giving birth to the child or by any of the methods utilized for determinations of paternity, to include genetic testing. C.R.S. § 19-4-104.

As for establishing a father-child relationship, a man is presumed to be the natural father of a child if:

• He and the child’s natural mother are or have been married to each other and the child is born during the marriage, within 300 days after the marriage was terminated by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of legal separation was entered by the court;
• Before the child’s birth, he and the child’s natural mother attempted to marry each other;
• After the child’s birth, he and the child’s natural mother married or attempted to marry each other;
• He has acknowledged his paternity of the child in a writing filed with the court or registrar of vital statistics;
• With his consent, he is named as the child’s father on the birth certificate of the child;
• He is obligated to pay child support under a voluntary written promise or court order;
• While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child;
• He acknowledges his paternity of the child in a writing filed with the court or registrar of vital statistics and the mother does not dispute the acknowledgment within a reasonable period of time in writing;
• Genetic tests show that he is not excluded as the probable father and that the probability of his parentage is 97 percent or higher. C.R.S. §§ 19-4-105(1)(a) through (f).

Presumptions of paternity may be rebutted only by clear and convincing evidence. C.R.S. § 19-4-105(2)(a); People in the Interest of R.T.L., 780 P.2d 508 (Colo. 1989). However, presumptions can be overcome. For example, a presumption is rebutted by the existence of a court decree establishing that another man is the father of the child. K.H.R. v. R.L.S., 807 P.2d 1201, 1204 (Colo. App. 1990). Additionally, genetic or blood test evidence can overcome a presumption of paternity. K.H.R. v. R.L.S., 807 P.2d 1201, 1204 (Colo. App. 1990).

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.