Full question:
Forcing a paternity test through the courts before the baby is born?I thought I was in a relationship with my girlfriend and found out that she was sleeping with another guy. She got pregnant and doesn't know who the father of the child is. So I'd like to figure out if there is a way I can force her to have the paternity test before the baby is born. That way I can lessen the blow of naming the baby and who's on the birth certificate or anything else that might be better if I know if it is mine now or not.If I can't what are my options to stop the naming of the baby and who is put on the birth certificate when the baby is born. Until the father is known through a DNA test.Thank you
- Category: Paternity
- Subcategory: Court Action
- Date:
- State: Colorado
Answer:
In Colorado, you can initiate paternity proceedings before a child is born. Unmarried fathers have similar rights and responsibilities as married fathers. If you and the mother are living together but not married, you should take steps to be recognized as the child's legal parent. Both parents can be listed on the birth certificate, and if the father is not listed, he may be added later by contacting the state Bureau of Vital Statistics.
A father can acknowledge paternity by signing a written admission or through a civil lawsuit. Establishing paternity is necessary for seeking custody or visitation rights. Paternity means legally recognizing the father-child relationship. Parents are required to provide for their children, regardless of their marital status. If parents disagree on support contributions, the court can intervene to determine child support.
In most states, a paternity action is a civil lawsuit. Only certain parties, including the mother, the alleged father, or a state agency, can file for paternity. After a child reaches the age of majority, they may have additional time to establish paternity. If a court determines a father’s identity contradicts the birth certificate, a new birth certificate will be issued.
A court will not automatically order a paternity test upon filing a paternity action. It will review the petition to see if there is enough information to justify the test. If ordered, the mother, child, and alleged father must all be tested at a designated facility. A court's paternity determination is final, and you will need a copy of the court order to establish the child's rights.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.