C.R.S. Section 26-13.5-110
Paternity

  • establishment
  • filing of order with court

(1)

The delegate child support enforcement unit may issue an order establishing paternity of and financial responsibility for a child in the course of a support proceeding pursuant to this article 13.5 when a parent signs a statement that the paternity of the child for whom support is sought has not been legally established and that the parents are the legal parents of the child and if neither parent is contesting the issue of paternity or may issue a default order establishing paternity and financial responsibility in accordance with section 26-13.5-106. Prior to issuing an order pursuant to this section, the delegate child support enforcement unit shall advise both parents in writing as prescribed by rule promulgated pursuant to section 26-13.5-113 of their legal rights concerning the determination of paternity.

(2)

A copy of the order establishing paternity and financial responsibility and the sworn statement of the parent and, in the case of a default order establishing paternity and financial responsibility, the APA-petitioner’s verified affidavit regarding paternity and the genetic test results, if any, must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued or as otherwise provided in accordance with section 26-13.5-105 (2). The order establishing paternity and financial responsibility has all the force, effect, and remedies of an order of the district court, and the order may be executed upon and enforced in the same manner as an order of the court.

(3)

If the order establishing paternity is at variance with the child’s birth certificate, the delegate child support enforcement unit shall order that a new birth certificate be issued pursuant to section 19-4-124.

(4)

Service of process to establish paternity and financial responsibility may be made pursuant to this article 13.5 by any method of service, including certified mail, as specified in section 26-13.5-104.

Source: Section 26-13.5-110 — Paternity - establishment - filing of order with court, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­pdf (accessed Oct. 20, 2023).

26‑13.5‑101
Short title 26‑13.5‑102
Definitions 26‑13.5‑103
Notice of financial responsibility issued - contents 26‑13.5‑103.5
Notice of financial responsibility amended - adding children 26‑13.5‑104
Service of notice of financial responsibility 26‑13.5‑105
Negotiation conference - issuance of order of financial responsibility - filing of order with district court 26‑13.5‑106
Default - issuance of establishment order of default - filing of order with district court - rules 26‑13.5‑107
Orders - duration - effect of court determinations 26‑13.5‑109
Notice of financial responsibility - issued in which county 26‑13.5‑110
Paternity - establishment - filing of order with court 26‑13.5‑110.5
Filing genetic testing results with court - no administrative process action order 26‑13.5‑112
Modification of an order 26‑13.5‑113
Rules and regulations 26‑13.5‑114
Applicability of administrative procedure act 26‑13.5‑115
Additional remedies 26‑13.5‑116
Attorney of record in administrative process action case 26‑13.5‑117
Administrative process action case - rights of the parties 26‑13.5‑118
Exchange and delivery of evidence 26‑13.5‑119
Request for court hearing - transfer of jurisdiction 26‑13.5‑120
Default order of modification 26‑13.5‑121
When administrative process action order is effective 26‑13.5‑122
Survivability of an administrative process action order - applicability 26‑13.5‑123
Where administrative process action order filed - electronic filing of order data - custodian of the record - applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 26-13.5-110’s source at colorado​.gov