What is paternity establishment?

Establishing paternity is the process for determining a child's legal father. If parents are not married to each other when their child is born and have not legally acknowledged paternity, the child does not have a legal father.

Unless the father becomes a legal father, the child may miss out on many of the things that children of married couples take for granted. The child may not receive the benefits that come with having two legal parents, like social security and inheritance rights. If paternity is not established, the father's name will not appear on the child's birth certificate.

Why does the Colorado Department of Human Services establish paternity?

Fatherhood must be legally recognized to obtain a child support order. By law, if a family receives public assistance benefits and the parents are not married, the Department of Human Services (DHS) must establish legal paternity. Child support can only be collected from or for a legal father.

How do I make sure my child has a legal father?

Marriage. If the parents are married and living together at the time the child is conceived, legal paternity is established when the child is born.

Voluntary Acknowledgment of Paternity. Unmarried parents can legally establish the paternity of their child by signing a form at the hospital, child support office, local health department, or Office of Vital records. Signing this form is the easiest way for unmarried parents to establish paternity. The child support office will review the form, notarize the signatures, and file it with the Office of Vital Records. Both parents must be present to sign the form.

Court Order. Paternity may also be established by a court order until a child reaches the age of 19, and in some circumstances up to age 21.

What if the father is unsure he is the father or denies paternity?

If the father does not admit paternity or is not sure he is the child's father, genetic tests may be ordered and a court order may be entered to establish paternity. Genetic tests of the mother, child, and the alleged father can determine the likelihood of paternity or exclude a man as a possible father. Usually a father will admit paternity when genetic test results show he is the biological father of the child. If the father continues to state he is not the father, he may ask for a court hearing. The judge at a court hearing listens to both sides and considers the test results and all evidence. Other evidence, such as admissions of paternity and previous payment for the child, can also help establish paternity. Alleged fathers will often sign a stipulated order for paternity based on the results of the genetic tests.

How does the genetic testing process work?

Genetic tests can be scheduled through your local child support office. Samples of cells are taken from blood samples or by swabbing the inside of the cheek of the mother, child, and alleged father.

How does my local child support office establish paternity?

If the child or children need to have paternity established, a caseworker will send a letter to the custodial parent for an appointment as soon as the alleged father is located. The caseworker explains the legal process to both parties. If the alleged father signs the Voluntary Acknowledgment of Paternity form, the caseworker collects employment and income information from the father and uses the Colorado Child Support Guidelines to determine a child support payment amount. Once an amount is determined, the caseworker files the appropriate paperwork with the court to have the order signed by a judge. If the alleged father does not sign this form, a petition to establish paternity and set child support is filed with the court, as well as an administrative order for genetic testing.

If the alleged father does not waive his right to genetic testing after receiving the administrative order, the parties will be scheduled for DNA testing. If the non-custodial parent requests genetic testing, the case is not set for court until the test results are received. Depending on the test results, one of the following might happen:

• If the results of the genetic testing show a probability of paternity of 97 percent or higher and the alleged father continues to contest paternity, the local child support office through an administrative process establishes a temporary child support order and sets the case for a court hearing to obtain a final court order.
• If the results show a 97 percent or higher probability that the alleged father is the biological father, and the alleged father doesn't contest the finding, the child support office establishes a permanent child support order through administrative process.
• If the paternity probability is 97 percent or less, the child support office sets the matter for hearing to obtain a finding and order from a judge. If the alleged father is determined not to be the biological father, the court action will be dismissed. The child support office then contacts the custodial parent to locate another possible father.

What rights do legal fathers have?

Once paternity is established, legal fathers have the right to have a relationship with and visit the child as the father and mother agree. You can also ask the court to determine visitation and custody. By law, Child Support Services of Colorado may not assist either the father or the mother with custody or visitation issues.

What are the responsibilities of legal fathers?

Both parents are required to support their child from birth. If your child does not live with you, you will most likely be required to pay child support and provide medical insurance for your child.

What information should I bring?

To establish paternity, provide the following information (if known) to your local child support office:

• Full name, address, and phone number of the alleged father
• Date of birth and physical description or picture of the alleged father
• Social security number of the alleged father
• Child's birth certificate
• Names of friends and relatives of the alleged father
• Listing of all legal actions relating to paternity and/or support
• Whether you receive or have ever received public assistance benefits
• Whether you have contacted an attorney regarding paternity and/or support

If the alleged father has denied paternity, it may also be helpful to bring other evidence of paternity such as records of money provided to the child, pictures of the father with the child, and admissions that he is the child's father through letters or gifts.