Contact Us

The Need To Establish Paternity

Paternity is defined in Colorado as the state or quality of fatherhood.  There are many situations when it becomes necessary for legal or administrative action to be taken to establish that a man is the father of a child.  The law provides for the establishment of paternity even if a marriage is later declared to be illegal.

However, there are several unusual situations that can apply to any given case of parenthood, given the vast possibilities, and it is not unusual for a man to be forced to declare his paternity of a child.

Reasons To Establish Paternity

Perhaps the single most important reason to declare paternity is the simple act of providing an identity for the child in question.  There are several other legal reasons to do so also.  For example, a child will need to know his or her paternity to be aware of any medical issues that may arise in later life.  This is also important for the determination of medical insurance. 

A child will also be entitled to his or her father's Social Security benefits as well as the inheritance from the father.  In order to do justice and to be fair and provide security to the child, it is imperative that if in doubt, the paternity must be made clear.  In addition, the cost of raising a child in Colorado is significantly higher and it usually requires the financial resources of two parents to do full justice to their responsibilities.

Different Ways To Establish Paternity In Colorado

In general, there are two ways to establish Paternity in Colorado.  The first way is the most convenient and is accomplished through state procedure.  The other way is through the courts.  Problems arise when the parties involved are unsure as to who is the biological parent.  In other cases, a man might want to retract his acknowledgement of paternity.

A paternity acknowledgement form is a voluntary statement by both the mother and the presumed father of the child, along with the husband of the mother (if different from the presumed father), that is submitted to the Department of Vital Records.

However, depending on the circumstances, the natural father, the mother, or even the child can go to court to determine paternity.  In Colorado, the Court orders a genetic test and if the test does not rule out the father up to a 97% certainty level, then legal paternity can be established.

Hiring An Attorney

Due to the complications in determining Paternity and the subsequent implications, it is recommended to consult our Clawson & Clawson, LLP, attorneys before taking any step that could affect your future.  Paternity determination can have an effect on later custody and child support issues in unforeseen ways.  To make the best decision, you need competent advice that will enable you to do the right thing.  Call us for an initial consultation, and we will advise you and walk you through the process.