E.  Paternity Hearing


C.R.S. § 19-1-308
In paternity cases, hearings must be closed. The court should advise the putative father as follows.

C.R.S. § 19-4-128













C.R.S. § 14-10-115


1.  Paternity Advisement

This is a magistrate division of the juvenile court. You have a right to request that a judge hear this matter. If you do not object to the magistrate hearing the matter, you will be bound by the findings and orders of the magistrate, subject to a request for review.

You have the right to be represented by an attorney at your own expense. You have a right to deny paternity and demand a trial. If you want a trial, the petitioner has the burden of proving the allegations of paternity by a preponderance of the evidence.

You have the right to confront any of the witnesses called by any other party, and the right to present witnesses of your own. If you cannot get your witnesses to appear voluntarily, the court or your attorney will subpoena your witnesses so that they must attend. You have a right to appeal any decision made at trial.

You have the right to request blood tests. I also may order blood tests to be performed. The blood test results will be admitted at trial. If the results indicate the probability you are the father is at ninety-seven percent or higher, you will be presumed to be the father. You would then have the burden of proving you are not.

If it is determined you are the child’s father, the court could enter a child support order against you. You will have a continuing obligation to support this child until the child reaches age nineteen. In certain circumstances, if this child is still in high school beyond the age of nineteen, or if this child is mentally or physically disabled at the time, your obligation to support this child could extend beyond the age of nineteen.


C.R.S. § 19-4-115
2.  During the Hearing

The court may compel the mother and putative father to testify at the hearing. The court may base the paternity decision on testimony, expert evidence and genetic test results.


C.R.S. § 19-4-116(2)
3.  After the Hearing

If paternity has been established, the court should order a new birth certificate reflecting parentage. 


C.R.S. § 19-4-116
C.R.S. § 19-4-130

The order may allocate parental responsibility, parenting time, support obligations, medical insurance coverage and birth-related costs.

C.R.S. § 19-4-105(2)(c)
A finding of paternity may only be challenged if induced by fraud, duress or mistake. The challenger has the burden of proof. All legal responsibilities arising from the paternity finding, including child support, stay in effect during the challenge except for good cause shown.