Paternity and the Military

Are you involved in a paternity case involving the military? (The Colorado statutory tiles for these are dissolution of marriage and allocation of parental responsibilities). 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.

Determination of paternity is important in assessing parental rights and obligations. C.R.S. § 19-4-105 governs Colorado paternity actions. Paternity actions are generally held in juvenile court rather than domestic relations court. In order to establish paternity, the mother or putative father files a Petition for Paternity requesting a genetic test. The Court will then either dismiss the case or set the matter for hearing depending on the test results. A father who has held a close bond with the child may petition for allocation of parental responsibilities as a psychological parent if the biological father has abandoned the child. In Colorado a man is presumptively the biological father of a child if:

(1) The child was born during the marriage;

(2) The child lives in the man’s home;

(3) He acknowledges paternity in a signed writing filed with the court; or

(4) A paternity test shows a probability of 97% or higher of paternity.

When a child is born, the mother can list the father on the birth certificate without the father’s consent; therefore the birth certificate is not dispositive of paternity. Either parent can file to establish paternity and request allocation of parental responsibilities. If a parent requests paternity testing, then a court can order both parents to participate. The parents have to both provide identification at the testing site to ensure integrity of testing. The parties and child may be tested at different times and locations.

Paternity cases are filed in juvenile court as opposed to domestic relations court. Once paternity is established, the child is entitled to support from the father. Mothers often wish to establish paternity for child support purposes. Establishing paternity may be emotionally significant for a mother and child as well. Additionally, paternity establishment entitles the child to potential inheritance rights. If a child is born to unmarried parents, the mother is not permitted to release the child for adoption without the consent of the father.

The military establishes support entitlements and benefits in matters of paternity by regulation. If there is a paternity court order, a child is entitled to support from the military father. It should be noted that the military has criminal courts but does not have civil courts. Thus all paternity proceedings are determined in civilian court. Absent a court order, a military parent is not obligated to pay support to a child not born during marriage. Thus a custodial mother may wish to obtain a paternity order to obtain support for a child by military regulation.

Paternity determination is largely based on genetic testing results. Paternity test results indicate a probability of paternity in a percentage range. In Colorado 97% is the presumptive probability for paternity. Because the testing does not produce a definitive result, the putative father may still rebut a presumption of paternity with evidence. For example, the alleged father could attempt to prove a lack of access to the mother during the probable period of conception, or that the mother was living with another man during that time period. The mother, on the other hand, can respond by demonstrating that the child has similar facial features and characteristics of the alleged father. A custodial mother can utilize the services of Child Support Enforcement to establish paternity. The Department of Defense does offer financial dependency benefits to fathers who voluntarily acknowledge paternity. It will issue a military identification card to a child born outside of marriage if the member has voluntarily acknowledged paternity, and pay the member an increased housing allowance. An acknowledgement of paternity can be utilized by the mother to obtain a child support order.

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 at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. 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.