Colorado Paternity / Parentage Petition Package

COLORADO PATERNITY / PARENTAGE PETITION PACKAGE

PART 1 — PRE-PETITION CHECKLIST

☐ Confirm child resides in Colorado or respondent is subject to personal jurisdiction
☐ Identify all presumed, alleged, and acknowledged parents under C.R.S. § 19-4-105
☐ Determine whether a CSS-300 Voluntary Acknowledgment of Parentage is on file with State Registrar of Vital Statistics
☐ Confirm 60-day rescission window under C.R.S. § 19-4-105(2)(a.5)(II) has expired (or remains open)
☐ Verify ICWA inquiry — ask each party whether child is or may be an "Indian child" (25 U.S.C. § 1903)
☐ Locate child's birth certificate (Colorado Office of Vital Records)
☐ Gather DNA testing eligibility information for C.R.S. § 19-4-112 motion
☐ Confirm UCCJEA jurisdiction under C.R.S. § 14-13-201 if custody will be addressed
☐ Confirm UIFSA jurisdiction under C.R.S. § 14-5-201 if child support will be addressed
☐ Determine if Colorado Department of Human Services / Child Support Services is providing IV-D services (Title IV-D)
☐ Prepare JDF 1413 Case Information Sheet
☐ Confirm filing fee or prepare JDF 205 Motion to File Without Payment (indigency waiver)
☐ Identify need for guardian ad litem for the child under C.R.S. § 19-4-110

PART 2 — PETITION TO ESTABLISH PARENTAGE

DISTRICT COURT, [____________________] COUNTY, COLORADO

Court Address: [________________________________________________]

Case Number: [__________________]
Division: [______] Courtroom: [______]

PETITION TO ESTABLISH PARENT-CHILD RELATIONSHIP

Petitioner, [PETITIONER NAME], by and through [self / counsel], pursuant to C.R.S. § 19-4-107 and the Colorado Uniform Parentage Act, respectfully petitions this Court to determine the existence of a parent-child relationship and states as follows:

1. PARTIES

a. Petitioner [PETITIONER NAME] resides at [______________________________], County of [__________], Colorado, and is the [☐ mother / ☐ presumed parent / ☐ alleged genetic parent / ☐ child / ☐ guardian ad litem / ☐ authorized agency].

b. Respondent [RESPONDENT NAME] resides at [______________________________], County of [__________], [State __________], and is the [☐ alleged genetic father / ☐ presumed parent / ☐ acknowledged parent].

2. THE CHILD

a. Child's full legal name: [______________________________]
b. Date of birth: [__/__/____]
c. Place of birth (city/county/state): [______________________________]
d. Child currently resides at: [______________________________]
e. Child has resided in Colorado since: [__/__/____]

3. JURISDICTION AND VENUE

a. This Court has subject matter jurisdiction pursuant to C.R.S. § 19-4-108 and § 19-1-104(1)(c).
b. Venue is proper in this county pursuant to C.R.S. § 19-4-109 because [☐ the child resides here / ☐ Respondent resides here / ☐ Respondent is found here].
c. This Court has personal jurisdiction over Respondent because [☐ Respondent resides in Colorado / ☐ act of intercourse occurred in Colorado per C.R.S. § 13-1-124(1)(e) / ☐ Respondent consents to jurisdiction].

4. EXISTING PARENTAGE STATUS

☐ No presumed parent exists at this time
☐ Respondent is a presumed parent under C.R.S. § 19-4-105(1)([__])
☐ A Voluntary Acknowledgment (CSS-300) was signed on [__/__/____] and [☐ has / ☐ has not] become final under the 60-day rescission rule
☐ Another individual, [______________________________], may be a presumed parent and must be joined

5. INDIAN CHILD WELFARE ACT INQUIRY

a. ☐ The child is not known or believed to be an "Indian child" as defined in 25 U.S.C. § 1903
b. ☐ The child is or may be an Indian child. Tribe: [______________________________]. ICWA notice required under 25 U.S.C. § 1912.

6. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that this Court:

a. Adjudicate the parent-child relationship between Respondent and the minor child;
b. Order genetic testing pursuant to C.R.S. § 19-4-112 if parentage is contested;
c. Allocate parental responsibilities (decision-making and parenting time) under C.R.S. § 14-10-124;
d. Establish child support pursuant to C.R.S. § 14-10-115 and the Colorado Child Support Guidelines;
e. Order the State Registrar of Vital Statistics to amend the child's birth certificate;
f. Award reasonable attorney fees and costs; and
g. Grant such other relief as is just and proper.

VERIFICATION: I declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct.

Dated: [__/__/____]

Petitioner Signature: [______________________________]
Print Name: [______________________________]
Address: [______________________________]
Telephone: [(______) ______-________]
Email: [______________________________]

PART 3 — VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE (CSS-300 ANALOG)

STATE OF COLORADO — VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE

Pursuant to C.R.S. § 19-4-105(2)(a.5) and § 26-13.5-110

Child's name: [______________________________]
Date of birth: [__/__/____]
Place of birth: [______________________________]
State file number (if known): [______________________________]

Mother / Birth Parent: [______________________________]
SSN (last 4): xxx-xx-[____]
Date of birth: [__/__/____]
Address: [______________________________]

Acknowledging Parent: [______________________________]
SSN (last 4): xxx-xx-[____]
Date of birth: [__/__/____]
Address: [______________________________]

We, the undersigned, voluntarily acknowledge under oath that the Acknowledging Parent is the natural parent of the above-named child. We understand:

☐ This acknowledgment has the same legal force and effect as a court judgment of parentage upon filing with the State Registrar of Vital Statistics.
☐ Either signatory may rescind this acknowledgment within sixty (60) days of execution OR before an administrative or judicial proceeding to which the signatory is a party, whichever occurs earlier (C.R.S. § 19-4-105(2)(a.5)(II)).
☐ After the 60-day rescission period, this acknowledgment may be challenged in court only on the basis of fraud, duress, or material mistake of fact (C.R.S. § 19-4-105(2)(a.5)(III)).
☐ Signing creates rights and obligations including child support, custody, parenting time, and inheritance.

Mother / Birth Parent Signature: [______________________________] Date: [__/__/____]
Acknowledging Parent Signature: [______________________________] Date: [__/__/____]

Notary Acknowledgment:
State of Colorado, County of [__________]
Subscribed and sworn before me this [____] day of [__________], 20[____].
Notary Public: [______________________________]
Commission expires: [__/__/____]

PART 4 — SUMMONS AND NOTICE; SERVICE

SUMMONS TO RESPOND TO PETITION FOR PARENTAGE

TO RESPONDENT: [______________________________]

You are hereby summoned and required to file an Answer or Response to the attached Petition with the Clerk of the District Court within twenty-one (21) days after service if served in Colorado, or thirty-five (35) days if served outside Colorado, pursuant to C.R.C.P. 12. Failure to respond may result in entry of a default judgment establishing parentage and ordering child support against you.

NOTICE OF RIGHTS UNDER C.R.S. § 19-4-111

You have the right to:
☐ Request genetic testing under C.R.S. § 19-4-112
☐ Be represented by counsel (counsel may be appointed if indigent)
☐ Contest the parentage allegation
☐ Have hearings closed to the public

Date of Issuance: [__/__/____]
Clerk: [______________________________]

RETURN OF SERVICE

I, [______________________________], certify under oath that on [__/__/____] at [____] [☐ a.m. / ☐ p.m.] I served the foregoing Summons and Petition upon Respondent at [______________________________] by [☐ personal service / ☐ substituted service per C.R.C.P. 4(e)(2) / ☐ certified mail / ☐ publication per C.R.C.P. 4(g)].

Server Signature: [______________________________]
Print Name: [______________________________]
Fee: $[__________]

PART 5 — MOTION FOR GENETIC TESTING AND PROPOSED ORDER

MOTION FOR ORDER REQUIRING GENETIC TESTING

Petitioner moves this Court, pursuant to C.R.S. § 19-4-112 and § 13-25-126, for an order requiring Petitioner, Respondent, and the minor child to submit to genetic testing to determine parentage and states:

1. The parties' parent-child relationship is in dispute or has not been determined.
2. Genetic testing producing results showing 97% or greater probability of parentage creates a rebuttable presumption of parentage under C.R.S. § 19-4-105(1)(f).
3. Testing shall be performed by an accredited laboratory using buccal swab or blood samples under chain-of-custody protocols.

WHEREFORE, Petitioner requests the Court enter the proposed order below.

Dated: [__/__/____] Signature: [______________________________]

[PROPOSED] ORDER FOR GENETIC TESTING

THIS MATTER comes before the Court on the Motion for Genetic Testing. The Court, being fully advised, ORDERS:

1. Petitioner [______________________________], Respondent [______________________________], and the minor child [______________________________] shall submit to genetic testing within thirty (30) days of this Order.
2. Testing shall be performed by: [______________________________] (accredited laboratory).
3. Cost of testing shall be paid by [☐ Petitioner / ☐ Respondent / ☐ split equally / ☐ Title IV-D agency].
4. The laboratory shall file results with the Court and serve copies on all parties.
5. Failure to submit to testing may result in default judgment establishing parentage under C.R.S. § 19-4-112(6).

Dated: [__/__/____]
BY THE COURT: [______________________________], District Court Judge

PART 6 — DEFAULT JUDGMENT

MOTION FOR DEFAULT JUDGMENT OF PARENTAGE

Petitioner moves, pursuant to C.R.C.P. 55 and C.R.S. § 19-4-114, for entry of default judgment establishing parentage based on Respondent's failure to respond after proper service.

1. Respondent was served on [__/__/____].
2. Respondent failed to file an Answer within the time permitted.
3. ☐ Respondent failed to appear for court-ordered genetic testing.
4. The Court should adjudicate Respondent as the legal parent of the minor child and enter appropriate child support orders.

[PROPOSED] DEFAULT JUDGMENT OF PARENTAGE

It is ORDERED, ADJUDGED, AND DECREED that Respondent [______________________________] is the legal parent of the minor child [______________________________], born [__/__/____].

The State Registrar shall amend the birth certificate accordingly. Child support shall be established as set forth in the accompanying support order.

Dated: [__/__/____]
BY THE COURT: [______________________________], District Court Judge

PART 7 — FINAL ORDER ADJUDICATING PARENTAGE (WITH CHILD SUPPORT RESERVATION)

FINAL ORDER ADJUDICATING PARENT-CHILD RELATIONSHIP

THIS MATTER came before the Court on [__/__/____] upon the Petition. The Court, having reviewed the pleadings, evidence (including genetic test results showing [____]% probability of parentage), and being fully advised, FINDS AND ORDERS:

FINDINGS

1. The Court has jurisdiction over the parties and subject matter.
2. The minor child is [☐ / ☐ not] an Indian child under ICWA. [If applicable: ICWA notice was provided to the Tribe and to the BIA; Tribe responded as follows: ______________________________.]
3. [PARENT NAME] is adjudicated to be the legal parent of [CHILD NAME], born [__/__/____].

ORDERS

a. Parent-Child Relationship: Respondent [______________________________] is the legal parent of [CHILD NAME].
b. Birth Certificate Amendment: The Colorado State Registrar of Vital Statistics shall amend the birth certificate to reflect [PARENT NAME] as a legal parent. Surname shall be: [______________________________].
c. Parental Responsibilities: Allocation of decision-making and parenting time is [☐ addressed in the attached Parenting Plan / ☐ reserved for future hearing on [__/__/____]].
d. Child Support: The issue of child support, retroactive support under C.R.S. § 14-10-115(13), past birth expenses, and ongoing support is [☐ reserved for hearing on [__/__/____] / ☐ ordered in the attached Support Order]. The Court retains continuing jurisdiction under C.R.S. § 14-5-205 (UIFSA).
e. Medical Support: Each parent shall maintain available health insurance coverage for the child.
f. Costs: [______________________________].

Dated: [__/__/____]
BY THE COURT: [______________________________], District Court Judge

PART 8 — NOTICE TO AMEND BIRTH CERTIFICATE

TO: Colorado Department of Public Health and Environment, Office of Vital Records
Address: 4300 Cherry Creek Drive South, Denver, CO 80246-1530

RE: Request to Amend Birth Certificate Pursuant to Court Order

Child's full legal name (as currently shown): [______________________________]
Date of birth: [__/__/____]
Place of birth: [______________________________]
State file number: [______________________________]

Enclosed:
☐ Certified copy of Final Order Adjudicating Parent-Child Relationship dated [__/__/____]
☐ Case caption: [______________________________], Case No. [__________]
☐ Application VS Form: [______________________________]
☐ Filing fee: $[__________]

Requested changes:
☐ Add father/parent: [______________________________]
☐ Change child's surname to: [______________________________]
☐ Other: [______________________________]

Submitted by: [______________________________]
Date: [__/__/____]
Return address: [______________________________]

PART 9 — PETITION TO RESCIND / CHALLENGE VOLUNTARY ACKNOWLEDGMENT

PETITION TO RESCIND OR CHALLENGE VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE

Pursuant to C.R.S. § 19-4-105(2)(a.5)(II) and (III)

Petitioner [______________________________] respectfully petitions to [☐ rescind / ☐ challenge] the Voluntary Acknowledgment of Parentage executed on [__/__/____] concerning the minor child [______________________________].

Grounds:

☐ Rescission within 60 days — This Petition is filed within sixty (60) days of execution and before any administrative or judicial proceeding relating to the child to which Petitioner is a party.

☐ Challenge after 60 days — More than 60 days have elapsed; challenge is based on:
☐ Fraud
☐ Duress
☐ Material mistake of fact
Facts supporting: [______________________________]

Petitioner requests:
a. Order rescinding/setting aside the Voluntary Acknowledgment;
b. Order for genetic testing under C.R.S. § 19-4-112;
c. Order directing the State Registrar to remove Petitioner from the birth certificate; and
d. Such further relief as is just.

Verified under penalty of perjury.

Petitioner Signature: [______________________________] Date: [__/__/____]

PART 10 — ICWA INQUIRY AND NOTICE COMPLIANCE

INDIAN CHILD WELFARE ACT INQUIRY

The Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., and C.R.S. § 19-1-126 require the Court to inquire whether each child is an "Indian child."

Inquiry to each party:

1. Do you have any reason to believe the child is or may be a member of, or eligible for membership in, a federally recognized Indian Tribe? ☐ Yes ☐ No
2. Identity of Tribe(s) and basis for belief: [______________________________]
3. Names, dates of birth, and tribal enrollment information for biological parents, grandparents, and great-grandparents: [______________________________]

If ICWA applies:

☐ Notice sent by registered mail, return receipt requested, to:
☐ Tribe(s): [______________________________]
☐ Parent(s): [______________________________]
☐ Indian custodian: [______________________________]
☐ Secretary of the Interior / Bureau of Indian Affairs Regional Director (if Tribe unknown)
☐ Minimum 10 days before any hearing (or 20 days if Tribe requests extension)
☐ Petition cannot proceed until proper notice and waiting period satisfied

Inquiry conducted by: [______________________________]
Date: [__/__/____]

SOURCES AND REFERENCES

• C.R.S. § 19-4-101 et seq. — Colorado Uniform Parentage Act
• C.R.S. § 19-4-105 — Presumption of paternity / parentage
• C.R.S. § 19-4-107 — Determination of parent and child relationship
• C.R.S. § 19-4-112 — Tests for genetic markers
• C.R.S. § 13-25-126 — Genetic testing admissibility
• C.R.S. § 26-13.5-110 — Administrative process / Voluntary Acknowledgment (CSS-300)
• C.R.S. § 14-10-115 — Colorado Child Support Guidelines
• C.R.S. § 19-1-126 — ICWA compliance
• 25 U.S.C. § 1901 et seq. — Indian Child Welfare Act
• Colorado Judicial Branch JDF forms: https://www.coloradojudicial.gov/self-help/forms
• Colorado Office of Vital Records: https://cdphe.colorado.gov/center-for-health-and-environmental-data/registries-and-vital-statistics/vital-records-and-statistics