C.R.S. Section 19-4-111
Pretrial proceedings

(1)

As soon as practicable after an action to declare the existence or nonexistence of the parent-child relationship has been brought, an informal hearing shall be held if it is determined by the court to be in the child’s best interest. The court may order that the hearing be held before a magistrate. The public must be barred from the hearing if it is determined by the court to be in the best interest of any of the parties. A record of the proceeding or any portion thereof must be kept if any party requests or the court orders. Rules of evidence need not be observed. At the informal hearing, the judge or magistrate shall give a verbal advisement to the parties that a request for genetic tests must not prejudice the requesting party in matters concerning allocation of parental responsibilities pursuant to section 14-10-124 (1.5). The judge or magistrate shall further advise the parties that, if genetic tests are not obtained prior to the legal establishment of parentage and submitted into evidence prior to the entry of the final order establishing parentage, the genetic tests may not be allowed into evidence at a later date. The judge or magistrate shall further advise the parties that subsequent to an adjudication of parentage, upon motion, the court shall enter orders for allocation of parental responsibilities pursuant to section 14-10-124 (1.5); except that, in matters involving a nonresident party, the court shall first determine whether it has authority to issue an order allocating parental responsibilities pursuant to article 13 of title 14.

(2)

Upon the refusal of any witness, including a party, to testify under oath or produce evidence, the court may order such witness to testify under oath and produce evidence concerning all relevant facts. If the refusal is upon the ground that such witness’ testimony or evidence might tend to incriminate such witness, the court may grant such witness immunity from the use of the testimony or evidence the witness is required to produce to prove the commission of a criminal offense by the witness. The refusal of a witness who has been granted immunity to obey an order to testify or produce evidence is a civil contempt of the court.

(3)

Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth is not privileged.

(4)

Upon the filing of a petition under this article, any party may seek the issuance of a temporary protection order or injunction under the criteria set forth in section 14-10-108, C.R.S. Any party may further seek temporary orders as to the allocation of parental responsibilities, including allocation of decision-making responsibility and parenting time, and support once an order determining the existence of the parent and child relationship has been entered by the court. The filing of a motion for temporary orders shall not prevent a party or public agency from seeking other relief as may be provided by this article. Issues of temporary orders concerning the allocation of parental responsibilities, including decision-making responsibility and parenting time, and issues of support shall be determined in accordance with the criteria set forth in the “Uniform Dissolution of Marriage Act”, article 10 of title 14, C.R.S. Any temporary protection order issued pursuant to this subsection (4) shall be on a standardized form prescribed by the judicial department, and a copy shall be provided to the protected person.

(5)

At the time a protection order is requested pursuant to this section, the court shall inquire about, and the requesting party and such party’s attorney shall have an independent duty to disclose, knowledge such party and such party’s attorney may have concerning the existence of any prior protection orders of any court addressing in whole or in part the subject matter of the requested protection order.

(6)

The duties of peace officers enforcing orders issued pursuant to this section shall be in accordance with section 18-6-803.5, C.R.S., and any rules adopted by the Colorado supreme court pursuant to said section.

Source: Section 19-4-111 — Pretrial proceedings, 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

§ 19-4-111’s source at colorado​.gov