Paternity is an issue that arises in cases involving children and does have to be addressed if there is a question regarding paternity. It is important to raise this during an initial dissolution or allocation of parental responsibilities action if there is a concern as nonparentage ceases to be a defense to child support actions after a legal determination of parentage (Colorado Revised Statute 14-5-315). There are certain presumptions of paternity that have to be overcome by clear and convincing evidence such as the child having been born during a marriage between the parties.
Colorado law also provides that a request for a genetic test shall not prejudice the requesting party in matters concerning allocation of parental responsibilities and that, if genetic tests are not obtained prior to a legal establishment of paternity and submitted into evidence prior to the entry of the legal final decree of dissolution, the genetic tests may not be allowed into evidence at a later date.
In short, a parent concerned about paternity needs to request the test during the initial case and, if paternity is proven, the fact that a party requested that won’t be held against him or her in the proceedings. Contact Rikeman Law to schedule a free hour long consultation to discuss your rights.
Rikeman Law requests that you do not bring the children that are the subject of a case to any consultations as this can be viewed negatively by the Court in future proceedings.