Paternity Attorneys in Colorado
Guiding You Through Paternity Challenges with Expertise and Empathy
Paternity disputes and unresolved questions about fatherhood can be distressing. At Jorgensen, Brownell & Pepin, P.C., we understand the sensitive nature of these family law cases and are here to assist.
Paternity is an important legal concept that grants a man parental rights over a child. Without it, family law processes like child custody and child support become significantly more complex.
If you need to establish paternity, turn to Jorgensen, Brownell & Pepin, P.C. We offer legal strategies that are effective, empathic, and will empower you to move forward with confidence.
How Colorado Families Can Establish Paternity
Whether you wish to protect your parental rights by establishing a legal relationship with your child or secure financial support for your child’s upbringing, the first step is to establish paternity under Colorado law. Our state provides three pathways to confirming paternity:
Assumed and automatic
When a child is born, a man married to the child’s mother is assumed to be the child’s father. Paternity will be automatically granted to that man unless the mother presents a reason to object to a family law court or another man asserts he is, in fact, the child’s biological father.
Voluntary
Two parents who both agree that they are the parents of a child can voluntarily establish paternity of that child. The parents in this situation do not need to be married. However, they still need to go to the courthouse to make the paternity establishment official using a Voluntary Acknowledgement of Paternity (VAP) document. The VAP document can be challenged by either parent within 60 days of its filing.
Court order
The final way to establish paternity is the most complicated, as it involves two or more parties who do not agree on who is a child's birth father. Even a minor child in Colorado has the right to contest paternity through a court action and order.
Reasons Clients Work With Us to Establish Paternity
Every paternity case is unique. However, clients frequently turn to our experienced family law attorneys for the following reasons:
For Fathers: Becoming a legally recognized father opens the door to a more substantive role in your child’s life, strengthening your chance of being granted child custody or parenting time during a divorce. As part of a custody agreement, a father with paternal rights may also get a fair say in how to raise his child, even if he is a “noncustodial” parent.
For Mothers: Mothers often want to establish paternity to ensure they will be paid child support from the child’s biological father. A mother may also gain access to important insurance benefits her child’s father holds, such as inclusion in health insurance policies.
For Children: The best interests of the child should always be at the heart of every paternity case. Establishing paternity grants the child significant benefits, ensuring they gain access to insurance and inheritance benefits, property, or retirement accounts when the father passes away.
Frequently Asked Questions
Who can challenge paternity?
Challenging or establishing paternity through the court can be initiated by:
- An individual who believes they are the biological father
- The mother of a child
- The child or personal representative if they are a minor
- A Department of Social Services representative from the child’s birth location
- An incapacitated or deceased individual’s legal representative who believes the individual they represent are the biological parent of a child
When a family law judge is convinced that establishing paternity is a necessity, they can order the suspected father and the child to take a DNA test. The results of the test can be used to legally establish or deny paternity. However, a mere positive paternity test is not always enough in Colorado to establish legal paternity over a child. Other evidence may be required, such as:
- Documentation showing a biological relationship between the alleged father and the child, such as medical records or genetic testing beyond DNA tests.
- Testimony from witnesses who can attest to the relationship between the alleged father and the child.
- Other supporting evidence, such as financial support provided by the alleged father or statements acknowledging paternity.
What are the benefits of establishing paternity?
Paternity benefits the child, the father, and the mother alike. For the child, it provides legal, emotional, and financial support, including rights to inheritance, social security benefits, and access to the father's medical history. For the father, it establishes the legal right to custody and visitation. For the mother, it can secure child support and share parenting responsibilities.
Our lawyers can guide you through the process of establishing paternity to ensure that all parties' rights are protected and upheld.
Can paternity be challenged or disputed?
Yes, especially if new evidence emerges that could question the previously established paternity. The process typically involves filing a petition with the court to either establish or disprove paternity, often accompanied by genetic testing.
Challenging paternity can have significant legal and emotional implications; our attorneys can provide the necessary legal guidance and support throughout this complex process.
What happens if I am named the father, but I believe I am not?
In such cases, taking legal action immediately to dispute paternity is crucial. This usually requires genetic testing to prove you are not the biological father. Failing to challenge paternity within a certain timeframe could lead to permanent legal responsibilities for the child, including child support obligations, regardless of biological relation.
How does paternity affect child support and custody decisions?
Once paternity is established, the father has rights and obligations regarding the child. This includes the obligation to provide financial support and the right to seek a role in decision-making or visitation. Child support amounts are determined based on both parents' incomes, the child's needs, and custody arrangements.
Our lawyers can help ensure that paternity determinations are accurately made and that any resulting child support and custody agreements are fair and in the child's best interest.
We Simplify Complex Paternity Disputes
While establishing paternity can be intensive—especially if one party does not want to cooperate or does not understand the purpose of it—our experienced team offers strategies to streamline this legal process. Contact Jorgensen, Brownell & Pepin, P.C. today. We are here to guide you through every step of the paternity process, ensuring your rights are protected, and your family’s best interests are served.
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