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What happens if your ex denies that he is your child’s father?

| Jun 18, 2021 | Family Law |

Not all people in Colorado are married when they have children. Sometimes an unmarried woman becomes pregnant. If she and the child’s purported father are no longer in a relationship with one another she may want to seek child support and the child’s purported father may want to seek visitation with the child. In order for either of these things to happen, paternity needs to be established that will make the child’s father the child’s legally recognized biological parent, with all the rights and duties that entails.

Admission of Paternity

If the purported father agrees that he is the child’s biological parent, he can sign and complete an Admission of Paternity form along with a Certificate of Service. He can then take this form to a notary public or court clerk. Following that he needs to mail or hand-deliver a copy of the Admission of Paternity to the child’s mother. Finally, he will take his Admission of Paternity and Certificate of Service to the court and give it to the court clerk. This is one way to legally establish paternity.

Genetic testing

If a man is not sure if he is the child’s father, he can request genetic testing to determine whether he is the child’s biological father. If he and the child’s mother agree to genetic testing, they both sign an Agreement for Genetic Testing form in the presence of a notary public or court clerk. Then he and the child’s mother will contact a testing agency to schedule a date for the test.

If the child’s mother does not agree on whether a genetic test should be performed, the purported father can file a Motion for Genetic Testing. The purported father needs to sign this form. The purported father or the child’s mother can contact a testing agency to schedule the test. The motion will then be mailed or hand-delivered to the child’s mother. The motion, once properly filed with the court, orders genetic testing to be done.

Learn more about establishing paternity in Colorado

These are just the basics of establishing paternity in Colorado. This post is for informational purposes only and does not contain legal advice. Our firm’s webpage on child support may be of interest to those who have questions about this topic.

 

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