C.R.S. Section 19-4-105.6
Amendment of proceedings

  • adding children

(1)

In any existing case commenced under this article, if it is alleged that another child has been conceived of the parents named in the existing case, that child shall be added to the existing case if at least one of the presumptions of paternity specified in section 19-4-105 applies for the purpose of establishing paternity and child support. The caption shall be amended to include the added child.

(2)

The party amending the petition pursuant to subsection (1) of this section shall serve the amended petition with the new caption upon the other parties in the manner set forth in section 19-4-109 (2), the Colorado rules of civil procedure, or as otherwise provided in section 26-13.5-104, C.R.S.

(2.5)

The party amending the petition pursuant to subsection (1) of this section shall provide to the court, in the manner prescribed by the court, the social security number of the added child.

(3)

Proceedings under this article may be amended prior to the birth of the child to be added to the proceedings.

(4)

If a petition is amended pursuant to the requirements of section 19-5-103.7, the licensed child placement agency involved shall receive notice of the action in the same manner as a party to the action.

(5)

A summons issued upon the amendment of a proceeding under this article shall contain the advisements set forth in section 19-4-105.5 (5).

(6)

Notwithstanding the provisions of subsection (1) of this section, in any case where there exists more than one alleged or presumed father for a child pursuant to section 19-4-105, a new case shall be commenced for that child to determine the child’s paternity, establish child support, and address any other related issues. If it is determined that the child is the child of parents named in an existing case, the cases shall be consolidated into the initial action pursuant to rule 42 of the Colorado rules of civil procedure.

Source: Section 19-4-105.6 — Amendment of proceedings - adding children, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑4‑101
Short title 19‑4‑102
Parent and child relationship defined 19‑4‑102.5
Terms defined 19‑4‑103
Relationship not dependent on marriage 19‑4‑104
How parent and child relationship established 19‑4‑105
Presumption of paternity 19‑4‑105.5
Commencement of proceedings - summons - automatic temporary injunction - enforcement 19‑4‑105.6
Amendment of proceedings - adding children 19‑4‑106
Assisted reproductive procedures 19‑4‑107
Determination of father and child relationship - who may bring action - when action may be brought 19‑4‑107.3
When determination of parentage is final - modifications - exceptions 19‑4‑107.5
Required notice of prior civil protection orders to prevent domestic abuse - determination of parent and child relationship 19‑4‑108
Statute of limitations 19‑4‑109
Jurisdiction - venue 19‑4‑110
Parties 19‑4‑111
Pretrial proceedings 19‑4‑112
Genetic or other tests - administrative subpoena to compel genetic testing 19‑4‑113
Evidence relating to paternity 19‑4‑114
Pretrial recommendations - temporary orders 19‑4‑115
Civil action 19‑4‑116
Judgment or order - birth-related costs - evidence 19‑4‑117
Costs 19‑4‑118
Enforcement of judgment or order 19‑4‑119
Modification of judgment or order 19‑4‑120
Represented by counsel 19‑4‑122
Action to declare mother and child relationship 19‑4‑123
Promise to render support 19‑4‑124
Birth records 19‑4‑125
“Father” defined 19‑4‑126
Uniformity of application and construction 19‑4‑127
Severability 19‑4‑128
Right to trial to court 19‑4‑129
Child support - guidelines - schedule of basic support obligations 19‑4‑130
Temporary orders for allocation of parental responsibilities
Green check means up to date. Up to date

Current through Fall 2024

§ 19-4-105.6’s source at colorado​.gov