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Frie, Arndt & Danborn Blog

Question about Paternity #3

by Frie, Arndt & Danborn

What evidence is used in paternity cases to prove the existence of a parent-child relationship?

-Evidence of sexual intercourse between the mother and the alleged father at any time that would make it possible for the child to have been conceived during that encounter;

-An expert’s opinion that based on the duration of the mother’s pregnancy, there is a chance that the man could be the father;

-Medical or anthropological evidence.  Genetic tests can be done at the county child support  division. Contact your county department of human services for more information.

-Any other evidence relevant to paternity cases.

 

What is the court process in a paternity case?

-An informal hearing will be held if it is determined by the court to be in the child’s best interests. The court can order that the hearing be held before a magistrate.

-The court may determine that it is in the best interest of any of the parties to the case for the hearing not to be open to the public.

-A record of what happens at this hearing will be kept if any party requests it or the court orders that a record be kept.

-If any witness refuses to testify, the court can order the witness to testify and produce evidence related to all relevant facts in the case. The refusal of a witness who has been granted immunity in return for statements in court or for evidence they give the court is a civil contempt of court meaning he or she may go to jail until they testify.

-Any party may seek a restraining order, injunction, temporary orders as to custody, parenting time, and support as soon as the court enters an order determining the existence of the parent-child relationship.

NOTE: Issues of temporary custody, parenting time, and support are decided under a different set of rules established by Colorado law.