Colorado law (C.R.S. 19-4-105) outlines the following information about paternity claims:
A man is presumed to be the biological father of a child if one of the following is shown to be true:
- He and the child's mother are married to each other, or have been married to each other, and the child is born during the marriage;
- Prior to the birth of the child, he and the child’s natural mother have made an attempt to marry each other, and the child is born during the attempted marriage
- After the child is born, he and the child’s mother have either married or attempted to marry one another, and he has acknowledged that he is the father in writing and filed it in court.
- While the child is under the age of 18, he accepts the child into his home and considers the child his natural child
- He legally acknowledges paternity in writing and files it with the court
- The results of a paternity test show that he is the probable father with a 97% or higher certainty.
*Only clear and convincing evidence can rebut a presumption under this section.
More on Paternity Claims
In order to establish paternity, the mother or potential father must file a Petition in the appropriate county seeking Parental Responsibilities and a Genetic Test in order to provide paternity.
The paternity test may be administered at the hospital or through the child’s physician. Upon receipt of the result, the court will either dismiss the Petition for Parental Responsibilities, if the man is not the natural father or set the matter for hearing.
In some cases, the man may not be the natural father but may have held the child out to be his own during the lifetime of the child. In those cases, there will be a question of a presumptive/psychological/de facto parent where the court will determine if the man is or should be determined to be the father of the child as to maintain the bond and relationship the child has with the man.
Please contact the Domestic Group at Feldmann & Nagel, LLC for all of your paternity and family law needs. Request a consultation with a Colorado family law attorney at our firm by calling (888) 458-0991, or fill out an online form.