It’s up to the party contesting paternity to bring the case to court. In many scenarios, the child (plus a representative of the child if they’re a minor), the putative father, or the mother fills this role. However, a social services representative can as well.
The presumed father isn’t the only one who can file a motion for paternity. Any man who believes he’s the biological father of the child can try and establish paternity through Colorado’s courts.
If the father in question does not consent to a DNA test, the other party may file a motion with the court to obtain one anyway. This point is important in cases where a mother wants to identify the father of her child for child support reasons, but the father doesn't wish to come forward.
Similarly, if the father is paying child support but doesn’t believe the child is his, a negative paternity test would resolve him of those obligations.
Finally, if the mother wants to give her child up for adoption and the father does not consent, he can put a stop to the process through a paternity test. A mother cannot give her child up for adoption without the biological father's consent.
If you want to serve someone with a paternity test or take one yourself, our Denver paternity attorneys at McCoy Family Law can help. Call us at (720) 741-7442 to set up your free consultation today.
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