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What is the definition of the parent- • After the child’s birth, the and the Who is allowed to go to court in order to relationship? child’s birth have tried to legally determine who the father of a child is? The legal definition of a parent-child rela- marry although the attempted is • The child; tionship is established either with proof of or could be declared invalid, and: • The natural or biological mother; a biological relationship or proof of legal  The father has admitted in writing that • The man presumed to be the father; by the parent or parents. the child is his and filed the statement • The State of Colorado; with the court or the office of vital sta- • The Colorado Department of tistics, unless paternity already has Services; Does the relationship between the parent been decided as a legal fact. • A county department of social services. and child depend on the parents’ marital  The father agrees to be named as the status? child’s father on the child’s birth cer- When can they file a case with the court? No, the legal parent-child relationship tificate. • Any time if they are trying to prove a par- exists regardless of marital status and it  The father has either volunteered or ent-child relationship; extends equally to every child and every has been forced by a court or adminis- • To prove that a man is NOT the father of parent. trative order to support the child. the child, parties must file within a rea- • While the child is under the age of 18, the sonable time after the man finds out father lets the child come to his home and someone may claim he is the father, and A man is presumed to be the natural or the father tells people that the child is his. definitely before the child’s fifth birthday. biological father of a child if: • The father has admitted in writing that the • The person who files with the court must • He and the child’s birth mother are mar- child is his and filed the statement with admit if there are restraining orders ried or have been married to each other the court or the office of vital statistics, against either party within the past 90 and the child is born during that marriage and the mother does not deny, within a days. or within 300 days after the marriage ends reasonable time, that he is the father. Any because of death, , declaration other man who might be presumed to be How much time do you have to establish of invalidity of marriage, , or the father must agree, in writing, that he is paternity? court order of ; or not the father. An action to determine the existence of • Before the child’s birth, the father and the • The father has genetic or other paternity the father and child relationship can be child’s birth mother have tried to legally tests at a court-approved agency, and brought at any time before the child’s 18th marry although the attempted marriage is these tests show that there is a 97 percent birthday. This action may be brought by or could be declared invalid, and: or higher chance that he is the father. the mother, the father, the child, or by a rep-  If the marriage could be declared resentative of the enforce- invalid only by the court and the child A woman is presumed to be the natural ment agency. is born during the attempted marriage or biological mother if: The child support enforcement agency or within 300 days after it ends; OR • The mother has a birth certificate or sim- can bring an action on behalf of the child at  If the attempted marriage is declared ilar paperwork that proves she gave birth any time before his or her 21st birthday, if invalid by the court and the child is to the child; or the amount of time allowed to bring the suit born within 300 days after the parents • Any of the ways listed above for a man to was less than 18 years when the child was stop living together. prove he is a father also may be used by a born. A child can bring an action any time woman to prove she is the mother. before his or her 21st birthday. What evidence is used in paternity cases in the case. The refusal of a witness who to prove the existence of a parent-child has been granted immunity in return for relationship? statements in court or for evidence they Answers • Evidence of sexual intercourse between give the court is a civil contempt of court the mother and the alleged father at any meaning he or she may go to jail until To Your Questions time that would make it possible for the they testify. About child to have been conceived during that • Any party may seek a restraining order, encounter; injunction, temporary orders as to cus- • An expert’s opinion that based on the tody, time, and support as soon duration of the mother’s , there as the court enters an order determining Paternity is a chance that the man could be the the existence of the parent-child relation- father; ship. NOTE: Issues of temporary custody, • Medical or anthropological evidence. parenting time, and support are decided Genetic tests can be done at the county under a different set of rules established child support division. Contact your by Colorado law. county department of human services for more information. • Any other evidence relevant to paternity cases.

What is the court process in a paternity case? • An informal hearing will be held if it is determined by the court to be in the child’s . The court can order that the hearing be held before a magis- trate. • The court may determine that it is in the Excellence best interest of any of the parties to the In case for the hearing not to be open to the Customer Service public. Colorado Judicial Branch • A record of what happens at this hearing http://www.courts.state.co.us will be kept if any party requests it or the This brochure is published as a cus- court orders that a record be kept. tomer service by the Colorado Ju- October 2006 • If any witness refuses to testify, the court dicial Branch. For more informa- can order the witness to testify and pro- tion, call the courthouse in your duce evidence related to all relevant facts community.