Paternity Law: An Introduction
Paternity laws are at the heart of family law issues in Colorado. They establish legal and financial responsibilities for parents who are not married. They also determine the rights of children with respect to their parents. For instance, parent rights can have a significant impact on child custody orders, child support obligations, birth certificates and inheritance rights. Paternity is established through a variety of means, including birth certificates, Affidavit of Paternity forms, and, in some cases, paternity grants from courts.
Until 2007 , paternity laws in Colorado were based on the presumption of legitimacy. This created an assumption that children born to a woman during a marriage were legitimate and did not require further legal action to establish paternity. In 2007, lawmakers changed this standard, requiring unmarried couples or fathers of children born during a marriage to establish paternity by legitimizing the children through DNA testing or a paternity estimator. If there is no legitimate presumption of paternity, a father must either sign a form or have a DNA test performed to establish paternity. If there are no additional issues, establishment of paternity can be performed at the time a child is born.
Establishing Paternity In A Legal Sense
Other than when a couple is married, paternity can only be established after the birth of a child. When the biological mother of a child is not married to the biological father, the child’s paternity must be established as there is no presumption of fatherhood. In this case, a child’s paternity can be established "in two ways: (1) voluntary acknowledgment of paternity; and (2) court order".
Voluntary Acknowledgment of Paternity
When a child’s mother and father are unmarried but wish to have their child’s paternity established, they may sign a voluntary acknowledgement. Given that both parties must sign this document, a voluntary acknowledgment requires the participation by both the mother and father in order for it to be effective. Voluntarily acknowledging paternity results in the father being financially responsible for the child becoming the legal father of the child.
If both parties voluntarily acknowledge their child’s paternity, then the voluntary acknowledgement of paternity can either be done: To voluntarily acknowledge paternity, the visitation form for Colorado (can be found on the Colorado Department of Public Health and Environment website) must be completed. As part of that form, a person voluntarily acknowledges paternity for a child provides his or her name (including the middle name if applicable), date of birth, and residence address. The "Signatures of Parents" section must be completed, executed, and signed by both parents to voluntarily acknowledge paternity for a child.
Once signed, this document is filed with the appropriate county vital records office. A voluntary acknowledgment of paternity has the same force of law as a court determination. Parents who are married must sign the voluntary acknowledgment of paternity at the same time and in the same place as the child’s birth certificate. If the parents who are married separately from the birth of the child, they must execute a voluntary acknowledgment at their local district court.
Court Order
Colorado law allows either parent to file a "parentage action" in court to ask the court to establish paternity. This court order will legally establish a man as the biological father of the child. If the child was born prior to July 1, 1996, the action must be brought in the district court in the county of residence of the parties or upon the motion of the child, either parent, or the state, the civil court can issue a citation to the other parties to order DNA testing. A court action is necessary to establish paternity in cases of: The court action must occur prior to the child turning 18 years old. While the court will establish paternity, it will leave child support and parenting-related issues out of the order. A court order establishing the paternity of a child does not terminate the need for further litigation regarding the parent’s responsibilities.
Colorado Paternity Laws: The Rights Of Fathers
The establishment of paternity in Colorado affords fathers a number of important rights and responsibilities. Understanding these is crucial for any father facing the related legal issues. Once paternity is legally established through acknowledgment or paternity action, fathers are granted significant parental rights. These rights are comparable to those of mothers and enable fathers to be directly involved in their children’s lives.
One of the key rights of fathers under Colorado law is the ability to make decisions that affect their children’s welfare. This includes having a say in the children’s upbringing, education, and healthcare. Fathers can participate in the decision-making process just as mothers do. These rights are typically outlined in the allocation of parental responsibilities (APR) agreement or parenting plan that is approved by the court.
In addition to parental decision-making authority, establishing paternity in Colorado also grants fathers the right to seek physical custody of their children and visitation rights. The court ultimately determines the arrangements for these rights based on the children’s best interests. This can involve various factors, such as the nature of the parent-child relationship, the parent’s ability to care for the children, and any history of domestic abuse by either parent.
Fathers are also entitled to participate in mediations or dispute resolution services where available, in order to address conflicts that may arise during or after the paternity process. In Colorado, these mediation options may include pre-motion and post-motion programs, mediation-arbitration, conciliation, lawyer-based mediation, shuttle mediation, and planting mediation. A court-approved third-party professional handles these mediation services to help parents resolve their issues constructively. Mediators help facilitate compromise, alleviate misunderstandings, and prevent hostilities from damaging parent-child relationships.
Fathers in Colorado have the right to carry out their parenting responsibilities as described in the APR. These include: As you can see, fathers’ rights to participate in their children’s upbringing and exercise parental responsibilities are considerable under Colorado law. Once paternity is confirmed, fathers are guaranteed the right to be included in any decisions regarding their children’s welfare.
The Legal Duties of Parents Once Paternity Is Established
Once a Court has determined paternity, the father of the child gains certain legal rights and responsibilities. For example, the Court will determine how parenting time between the parents will be divided. This parenting time will then be included in a Parenting Plan. The Court will also determine where the child will attend school, who has the right to enroll the child in such school, and who will pay for the child’s education expenses (past, present, and future). The Court will also determine who is responsible for providing the child with health insurance, who is responsible for out-of-pocket expenses such as co-pays and deductibles, and who is responsible for making any uninsured medical expenses incurred for the child.
The Court will also require payment of child support from the non-primary custodial parent. The amount of child support is determined based upon Child Support Guidelines in the State of Colorado. For example, you can determine your presumptive child support obligation by adding the parties’ total gross incomes, using the tables to determine you presumptive obligations and then applying any child support deviations. The presumptive child support obligation is rebuttable meaning a party can ask the court to consider additional factors in setting an amount other than the presumptive child support guidelines set forth in the statute.
Challenging Paternity in Colorado
In Colorado, challenging paternity has implications for both parents. A person named as the father of a child in a birth certificate, court record, or other writing is presumed to be the biological father, and the law considers that person to be the child’s legal father. If this presumption is incorrect, the person must be brought to court to contest paternity.
Biological fathers who do not legally acknowledge paternity in writing are considered "alleged" fathers. The paternity of an alleged father can be established when he signs an acknowledgment of paternity, pays costs associated with establishing paternity, and submits the required paperwork. Designating paternity in this manner creates a legal presumption of paternity that may only be contested after two years have elapsed or if certain limited conditions are met.
If a presumed or alleged father believes that he is not the biological father of a child, there are several steps he must take to legally contest paternity. An action must be filed within one year after the date of the attempted acknowledgment or during the minority of the child if the filing occurs after one year. In any case, an action must be filed before the child turns 18 and becomes an adult under Colorado law . Even if a person has signed an acknowledgment, he can rescind his acknowledgment within 60 days of signing it, or any time if he is doing so in concert with an action to rescind paternity.
Establishing paternity through an order or decree from the court does not automatically revoke a marital presumption of paternity. Only a party to the decree may move to reopen the issue. When the presumptive parent is a husband married to the child’s mother, he may move to reopen the issue of paternity within one year after he acquires knowledge of relevant facts or the child reaches the age of majority, whichever is later.
The Uniform Parentage Act provides for genetic testing in many situations, including when a presumed father wishes to deny paternity or the mother or child wants him to establish paternity. A person may refuse to submit to testing, but his refusal will have consequences. He will be ordered to pay the cost of the genetic testing unless he shows good cause for his refusal. Refusing to cooperate with testing, obstructing testing, or concealing evidence from the court may result in the court entering an order establishing parentage, compelling a presumption of paternity, or ordering one or both parents to pay the costs of the child’s care and support.
Obtaining genetic test results is not enough to establish legal parentage. Tests must be considered in conjunction with medical and other evidence.
The Effects of Paternity On Child Custody and Support
An established paternity can have a significant impact on child custody arrangements. Before that point, the husband (if parents are married) or mother had exclusive rights to custody and decision-making for the child. Establishing paternity gives the father certain legal rights and responsibilities. In some cases, the mother may seek to maintain sole custody or assert her parental rights unreasonably or outside the law. In such cases, the father may need to seek the aid of a family law attorney to establish his legal rights. Establishing paternity does not automatically grant equal custody and parenting time rights. The court always considers the best interests of the child. Unlike many states, Colorado law is averse to joint legal custody and even sometimes joint physical custody if that arrangement does not benefit the wellbeing of the child. Having established paternity does not automatically grant fathers the same rights or privileges as mothers. Strictly considered, child support obligations begin when a child is born to the parents. Paternity law (sometimes called "legitimacy") ensures that the father is biologically responsible for the child. Accordingly, legal paternity is established through the voluntary acknowledgment of paternity (the Voluntary Acknowledgment of Paternity) when the child is born to unmarried parents. Alternatively, paternity is established through a paternity action within the Colorado courts. In either case, the father is legally obligated for child support for the child in the same manner as a married father.
Further Resources and Legal Help
There are many resources available for parents struggling with paternity issues in Colorado and for those who need help navigating Colorado divorce, child custody and child support determinations. Legal aid organizations and attorney referral services can provide guidance for parents who cannot afford legal services or who do not qualify for legal aid assistance. The Colorado Bar Association can provide information about pro bono attorneys and attorney referral services. Legal assistance may also be available through university legal clinics for learned assistance.
Legal Aid of Colorado – Through a number of service centers, Legal Aid of Colorado provides low-income Coloradans with family-related legal services as well as other legal services to eligible individuals. Legal Aid provides free legal services to individuals and families living in poverty who meet their financial guidelines. Individuals must be at or below 125% of the federal poverty level.
Colorado Bar Association – The Colorado Bar Association has a number of programs to help connect individuals with available legal assistance and legal resources . The Colorado Bar Association has contract attorneys who will provide consultation, as well as representation, for pro bono services. Their Family Law Legal Connection offers a directory of less expensive legal assistance, including self-help clinics, legal clinics, public workshops, names, and addresses of lawyers offering reduced-fee services, free resources online and in hardcopy, and more. The Legal Connection also includes support for divorce, custody, and visitation issues.
University Legal Clinics – University legal clinics offer law students the opportunity to work in clinical law, providing legal advice and representation under the supervision of experienced faculty. Clients are accepted into the program based on the issues they face and the student and faculty resources available. The University of Denver Sturm College of Law and the University of Colorado Boulder School of Law offer clinical education programs that include family law, including divorce, child custody and child support.
Federal and Colorado Legal Aid Locations
The federal government maintains a list of legal services guidance. The Colorado courts offer additional online resources.
