C.R.S. Section 19-4-114
Pretrial recommendations

  • temporary orders

(1)

On the basis of the information produced at the pretrial hearing, the judge or magistrate conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties, which may include any of the following:

(a)

That the action be dismissed with or without prejudice;

(b)

That the matter be compromised by an agreement among the alleged father, the mother, and the child in which the father and child relationship is not determined but in which a defined economic obligation is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge or magistrate conducting the hearing. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge or magistrate conducting the hearing shall consider the best interest of the child, in the light of the factors enumerated in section 19-4-116 (6), discounted by the improbability, as it appears to him, of establishing the alleged father’s paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged father’s identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on him.

(c)

That the alleged father voluntarily acknowledge his paternity of the child;

(d)

That the action be consolidated with a relinquishment action filed pursuant to part 1 of article 5 of this title.

(2)

If the parties accept a recommendation made in accordance with subsection (1) of this section, judgment shall be entered accordingly.

(3)

If a party refuses to accept a recommendation made under subsection (1) of this section and genetic tests have not been taken, the court shall require the parties to submit to genetic tests, if practicable. Thereafter, the judge or magistrate shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action shall be set for trial. If the evidence relating to paternity meets the requirements set forth in section 13-25-126 (1)(g), C.R.S., the court shall issue temporary orders establishing current child support, foster care maintenance, and medical support to remain in effect pending a final disposition of the proceeding.

(4)

The guardian ad litem may accept or refuse to accept a recommendation under this section.

(5)

The informal hearing may be terminated and the action set for trial if the judge or magistrate conducting the hearing finds unlikely that all parties would accept a recommendation he might make under subsection (1) or (3) of this section.

Source: Section 19-4-114 — Pretrial recommendations - temporary orders, 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

§ 19-4-114’s source at colorado​.gov