Paternity

The Colorado legislature has attempted to reduce the litigation over parentage of children and has adopted a series of presumptions of parentage.

A man is presumed to the be the natural father of a child when: (1) the child was born into a marriage or within 300 days of the termination of marriage; (2) the man married or attempted to marry the mother before or after the child’s birth, assuming other conditions are met; (3) the man accepts the child into his home and holds the child out as his biological child; (4) the man files a written paternity declaration in court or with vital statistics which is not disputed by the mother; or (5) genetic testing proves the man is the biological father.

It is possible for paternity presumptions to arise with different men for the same child. In such a situation the court will determine which alleged father will be recognized as the legal father. Presumptions of paternity may be challenged with evidence to the contrary, but the court will always consider the best interests of the child and not merely evidence as to who is the biological father. In other words, it is possible that a biological father, proven via genetic testing, may be determined to not be the legal father if the court finds that another presumptive father better meets the needs of the child.

There are strict timing concerns when addressing any paternity issues.

Once paternity is established, the court will then enter orders regarding child support, and the allocation of parental responsibilities.

If you have any doubts or concerns about paternity, contact an attorney to assist you as soon as possible.

Call Today For A Free Consultation

Our Northern Colorado family law firm offers free initial consultations to new clients. Please call us today at 970-624-6060.