C.R.S. Section 19-4-107.3
When determination of parentage is final

  • modifications
  • exceptions

(1)

Intentionally left blank —Ed.

(a)

An order determining parentage pursuant to this article shall be modified or set aside, within the time frames specified in subsection (2) of this section, if genetic test results based on DNA testing, administered in accordance with section 13-25-126, C.R.S., establish the exclusion of the individual named as the father in the order as the biological parent of the child and the court determines that it is just and proper under the circumstances and in the best interests of the child.

(b)

If the court modifies or sets aside an order determining parentage pursuant to paragraph (a) of this subsection (1), then the court shall modify the provisions of the order respecting child support for installments accruing subsequent to the filing of the motion pursuant to section 14-10-122 (6), C.R.S., and may vacate or deem as satisfied, in whole or in part, unpaid child support obligations arising from or based on the order determining parentage. The court shall not order restitution from the state for any sums paid to or collected by the state for the benefit of the child.

(2)

Intentionally left blank —Ed.

(a)

A motion to modify or set aside an order determining parentage pursuant to this section must be filed within two years from the date of the entry of the order.

(b)

Repealed.

(3)

Notwithstanding the provisions of subsection (1) of this section, neither a determination of parentage nor an order respecting child support shall be modified or set aside pursuant to this section if:

(a)

The individual named in the order acknowledged paternity pursuant to section 19-4-105 (1)(c) or (1)(e) knowing that he was not the father of the child;

(b)

The child was adopted by the individual named in the order; or

(c)

The child was conceived by means of assisted reproduction.

(4)

A motion filed pursuant to this section may be brought by the individual named as the father in the order and shall be served in the manner set forth in the Colorado rules of civil procedure upon all other parties. The court shall not modify or set aside a final order determining parentage pursuant to this section without a hearing.

(5)

For purposes of this section, “DNA” means deoxyribonucleic acid.

Source: Section 19-4-107.3 — When determination of parentage is final - modifications - exceptions, 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

§ 19-4-107.3’s source at colorado​.gov