Littleton Paternity Lawyers
Colorado Family Law Attorney Assisting Clients with Paternity in Littleton
It is expensive to raise a child in Littleton, Colorado, and every parent should be able to expect that both parents are contributing to the financial support of the child. However, in order to seek child support, it is often necessary to establish paternity. Establishing paternity refers to a process that involves establishing the child’s biological father. While there are scientific procedures used to establish biological paternity, there are also Colorado laws in place that allow a parent to file an action in order to establish paternity.
There are a number of different circumstances in which paternity can be an issue, from a case in which an alleged father denies that he is the biological father of the child and the mother seeks to establish paternity for support purposes, to cases in which the father only recently learned that he may be the biological parent and is seeking custody and visitation. When you need assistance with a paternity case, a Littleton paternity lawyer can help.
Presumption of Paternity Under Colorado Law
Colorado law (Colo. Rev. Stat. Section 19-4-105) says that there is a presumption that a man is the child’s natural or biological father if any of the following are true:
- The man and the child’s mother currently are married or were married, and the child was born during the marriage or within 300 days of the end of the marriage;
- The man and the child’s mother attempted to get married prior to the child’s birth, but the attempted marriage either was or could be declared invalid;
- The man and the child’s mother attempted to get married after the child’s birth, but the attempted marriage either was or could be declared invalid, and the man either acknowledged paternity in writing, allowed his named to be listed as the father on the child’s birth certificate, or made a voluntary written agreement to support the child;
- The man openly behaves as if the child is his natural child while the child is a minor;
- The man acknowledges paternity in writing; or
- Genetic tests show that the man is “not excluded as the probable father and that the probability of his parentage is ninety-seven percent or higher.”
Rebutting the Presumption of Paternity
If a party wants to rebut a presumption of paternity, the burden is on the party seeking to rebut that presumption and it must be proven by clear and convincing evidence under Colorado law. As the Cornell Legal Information Institute (LII) explains, “clear and convincing evidence” is a “more rigorous standard to meet than the preponderance of the evidence standard.” In other words, the party seeking to rebut the presumption of paternity needs very convincing evidence in order to do so.
When there are conflicting presumptions, the statute says that the court should look to a number of different factors that may be pertinent in establishing paternity. It is also important to note that, under Colorado law, any presumption of paternity is rebutted in the event of “a court decree establishing paternity of the child by another man.”
Contact a Paternity Lawyer in Littleton, Colorado
If you have questions about a paternity case, you should speak with a paternity lawyer in Littleton as soon as possible. Contact Divorce Matters® to learn more about how our attorneys can assist you.
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