In the context of family law cases, paternity questions are sometimes raised. When this occurs, Colorado law allows for various types of evidence to establish paternity.

Evidence relating to paternity may include:

• evidence of sexual intercourse between the mother and alleged father at any possible time of conception;
  
• an expert's opinion concerning the statistical probability of the alleged father's paternity based on the duration of the mother's pregnancy;
  
• genetic test results, weighted in accordance with evidence, if available, of the statistical probability of the alleged father's paternity;
  
• medical or anthropological evidence based on tests performed by experts; and
  
• all other evidence relevant to the issue of paternity of a child.

While there are many types of evidence that may be utilized to establish paternity, the most precise and definitive method available for determining parentage is through genetic (DNA) testing. Everyone is born with a unique genetic blueprint known as DNA (Deoxyribonucleic Acid.) Because DNA is passed down from mother and father to child, DNA Identification of genetic markers provides a conclusive way to determine biological relationships. By comparing the DNA profiles of the mother, father, and child, the genetic relatedness of a group of individuals can be determined. DNA testing has been shown to be as high as 99.99% accurate.

Colorado law provides that, in any action or proceeding where paternity is at issue, the court may, at the request of either party or on its own accord, require the child, mother and the man to submit to appropriate parentage tests including genetic (DNA) testing. A laboratory accredited by the secretary of the federal Department of Health and Human Services must conduct such testing.

In the past several years, DNA testing has become inexpensive and is usually considered by the courts as conclusive evidence. Due to advances in technology, DNA testing can now be completed within a few days and some laboratories will even make house calls to take samples. DNA samples were originally obtained by drawing blood samples. Although some laboratories still do this, most now obtain DNA samples by buccal swabs of the cheek cells in the mouth. Thus, testing for young children is much less invasive than it once was and DNA testing can be accomplished on anyone regardless of age.

If paternity is an issue in your case, it would be wise to request that genetic (DNA) testing be ordered by the court to conclusively determine the issue of paternity. In most cases, this will conclusively resolve the issue. The Court will then be free to move on to determine issues such as parental responsibilities, parenting time, and child support.

-- The Harris Law Firm, P.C.