C.R.S. Section 19-4-107
Determination of father and child relationship

  • who may bring action
  • when action may be brought

(1)

A child, his or her natural mother, or a man presumed to be his or her father pursuant to section 19-4-105 (1)(a), (1)(b), or (1)(c) or the state, the state department of human services, or a county department of human or social services, pursuant to article 13 or 13.5 of title 26 or article 5 of title 14 may bring an action:

(a)

At any time for the purpose of declaring the existence of the father and child relationship presumed under section 19-4-105 (1)(a), (1)(b), or (1)(c); or

(b)

For the purpose of declaring the nonexistence of the father and child relationship presumed under section 19-4-105 (1)(a), (1)(b), or (1)(c) only if the action is brought within a reasonable time after obtaining knowledge of relevant facts but in no event later than five years after the child’s birth. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.

(2)

Any interested party, including the state, the state department of human services, or a county department of human or social services, pursuant to article 13 or 13.5 of title 26 or article 5 of title 14 may bring an action at any time for the purpose of determining the existence or nonexistence of the father and child relationship presumed pursuant to section 19-4-105 (1)(d), (1)(e), or (1)(f).

(3)

An action to determine the existence of the father and child relationship with respect to a child who has no presumed father pursuant to section 19-4-105 may be brought by the state, the state department of human services, a county department of human or social services, the child, the mother or personal representative of the child, the personal representative or a parent of the mother if the mother has died, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.

(4)

Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with section 19-4-114 (2), between an alleged or presumed father and the mother or child does not bar an action under this section.

Source: Section 19-4-107 — Determination of father and child relationship - who may bring action - when action may be brought, 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

§ 19-4-107’s source at colorado​.gov