Colorado Paternity Lawyer
Paternity cases involve establishing recognition of a child's biological
father, usually through some form of genetic testing. Establishing the
biological paternity of your children may be very important, especially
as it relates to child custody issues and child support calculations.
If a child's paternity is called into question by his or her mother,
or if the alleged father denies paternity, the child’s mother may
have the right to take legal action to file a paternity lawsuit to attain
appropriate child support payment.
An action for paternity is a legal determination from the court to establish
the child's biological father. In Colorado, the court presumes paternity
if the parties are married when the child is born or if an individual's
name appears on the birth certificate as the father. To contest or establish
paternity, either parent must file a motion with the court requesting
that genetic testing occur with the child or children and the alleged father.
Why is it Important to Establish Paternity?
Establishing paternity is legally significant for a variety of reasons.
Any child born to a married couple is legally legitimate. When the baby
is born, the father's name will be printed on the child's birth
certificate. However, the father does not have to sign the birth certificate
for his name to appear on it. The mother can list whoever she thinks the
father is or wants the father to be. Paternity law may come into play
when a father resents parentage and does not want to be held accountable
for expenses related to the child.
Conversely, if a man wants to be acknowledged as the legitimate father
of a child, paternity law allows him to legal establish himself as a parent.
If a child is born to unmarried parents, the mother is not allowed to
give the child up for adoption until the father gives his consent. In
this situation, paternity must be established so that the correct man
is acknowledged as the child's father and the child is put up for
adoption legally. If a man believes he deserves visitation rights because
he is the child's biological father, but the mother refuses, the father
may file to establish paternity to prove that he should be given parenting time.
The child's mother may wish to establish paternity, too. If a child
is born out of wedlock, the mother may wish to collect child support to
help pay for the child's childcare, education, medical expenses, and
daily living expenses. Paternity guarantees financial security for the
child, along with parenting time and other legal privileges.
Paternity is significant to the child as well. Establishing paternity may
be emotionally significant to the child, especially as the child grows
older. Eventually, paternity may result in workers' compensation benefits
or an inheritance if the father dies.
How is Paternity Proven?
Paternity is usually proven through DNA testing. If the mother or father
does not consent to DNA testing as requested by the other parent, the
parent desiring the testing may file a motion with the court making this
request. If the child's DNA and the father's DNA do not match,
paternity is disproven. If the DNA samples match, then paternity may be
Who Can File a Paternity Suit in Colorado?
Paternity suits can be filed by the mother, father, or child. Either party
may file a paternity lawsuit to establish a child’s biological fatherFeldmann
Nagel, LLC is a top-rated family law firm in Denver, Boulder, Vail, and
Steamboat Spring. We understand how sensitive matters of paternity can
be for all parties involved. It is our goal to help our clients find the
answers they are looking for so that everyone involved establishes rights
to parenting time and appropriate child support for the child. If you
are seeking child support from the person you believe to be the father
of your child, or if you believe you are the father and desire parenting
time with your child, you may want to file a paternity action.
Contact the family law attorneys at Feldmann Nagel, LLC to discuss your case today.