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Frie, Arndt & Danborn Blog

Questions about Paternity cases #2

by Frie, Arndt & Danborn

Who is allowed to go to court in order to determine who the father of a child is?

-The child;

-The natural or biological mother;

-The man presumed to be the father;Happy family

-The State of Colorado;

-The Colorado Department of Human Services;

-A county department of social services.

When can they file a case with the court?

-Any time if they are trying to prove a parent-child relationship;

-To prove that a man is NOT the father of the child, parties must file within a reasonable time after the man finds out someone may claim he is the father, and definitely before the child’s fifth birthday.

-The person who files with the court must admit if there are restraining orders against either party within the past 90 days.

How much time do you have to establish paternity?

An action to determine the existence of the father and child relationship can be brought at any time before the child’s 18th birthday. This action may be brought by the mother, the father, the child, or by a representative of the child support enforcement agency.  The child support enforcement agency can bring an action on behalf of the child at any time before his or her 21st birthday, if the amount of time allowed to bring the suit was less than 18 years when the child was born. A child can bring an action any time before his or her 21st birthday.