PATERNITY 101

On its face, the concept of paternity seems so simple. Namely, paternity is the state of being a father. But what are the rights and obligations associated with fatherhood in the eyes of the Colorado courts? In essence, a father is entitled to parenting time and decision making responsibility. However with these entitlements comes a father’s obligation to financially support his children and positively contribute to their moral development. To the surprise of many, these rights and responsibilities do not automatically belong to the biological father.

Colorado courts have made it very clear that paternity encompasses much more than a mere genetic match. In fact, the presumption that a man is the father of a child based on genetics is not conclusive, nor does it necessarily override the presumption of paternity based on legitimacy (meaning a child born during the marriage of the natural mother and her husband). The key question the courts consider when determining paternity is “what is in the best interest of the child?” Often times, the best interest of the child does not match a parent’s interest. The most shocking example is when court orders a man to provide child support even though it has been proven he is not the child’s biological father and the biological father has been identified.

There are many factors the courts will consider when determining what is in the child’s best interest including: the depth of the emotional bond between the child and the non-biological father; the amount of time the non-biological father has devoted to raising and financially supporting the child; whether the non-biological father welcomed the child into his home and represented to others that the child was his; and the psychological ramifications to the child if the non-biological father is not given paternity. All in all, these cases are fact intensive and it is in the hands of a judge to make the ultimate decision.

Back to Men's Issues