Who Can Challenge My Husband's Paternity of Our Child

[protectivemominCO]

My question involves paternity law for the State of: Colorado Ok my question is can the courts challenge paternity of my unborn child that has been conceived and will be born within my stable marriage to my husband? I have an ex friend that got jealous when he found out I was pregnant because he wanted there to be more than friendship between us and now he's claiming he's the father of my child even though we have never been involved ever that would result in this pregnancy. I filed a harassment claim against him and he told the officer that he's going to get a court order for a paternity test. My husband has no doubt that he's the father and i'm certain my husband is the father. Can the courts actually make my family go through all the steps of court hearings and paternity tests?

[Dogmatique]

Unfortunately for you yes, the court can order DNA testing if the putative father files within a certain period after the baby is born even though you are in an intact marriage with the child's presumptive legal father (your husband).

19-4-105. Presumption of paternity.
Statute text
(1) A man is presumed to be the natural father of a child if:

(a) He and the child's natural mother are or have been married to each other and the child is born during the marriage, within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity of marriage, dissolution of marriage, or divorce, or after a decree of legal separation is entered by a court;

(2) (a) A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man. In determining which of two or more conflicting presumptions should control, based upon the weightier considerations of policy and logic, the judge or magistrate shall consider all pertinent factors, including but not limited to the following:

(I) The length of time between the proceeding to determine parentage and the time that the presumed father was placed on notice that he might not be the genetic father;

(II) The length of time during which the presumed father has assumed the role of father of the child;

(III) The facts surrounding the presumed father's discovery of his possible nonpaternity;

(IV) The nature of the father-child relationship;

(V) The age of the child;

(VI) The relationship of the child to any presumed father or fathers;

(VII) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and

(VIII) Any other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed father or fathers or the chance of other harm to the child.

[LawResearcherMissy]

I have an ex friend that got jealous when he found out I was pregnant because he wanted there to be more than friendship between us and now he's claiming he's the father of my child even though we have never been involved ever that would result in this pregnancy.

Clarify, please? You've never, ever been sexually involved? If this is the case, he hasn't any grounds to challenge the child's paternity, and you can tell him to go pound sand. The court doesn't let just anyone challenge a child's paternity.

If you have been sexually involved, how long ago was it? If it was close enough to the estimated conception date, yup, you're in for a long string of tests and hearings.

[Dogmatique]

Clarify, please? You've never, ever been sexually involved? If this is the case, he hasn't any grounds to challenge the child's paternity, and you can tell him to go pound sand. The court doesn't let just anyone challenge a child's paternity.

If you have been sexually involved, how long ago was it? If it was close enough to the estimated conception date, yup, you're in for a long string of tests and hearings.

Unfortunately though, it's going to be his word against hers, isn't it?

[protectivemominCO]

No I have never been sexually involved with him. I guess in the long run if he really wants to waste his money and time for nothing that's his stupidity.

[Dogmatique]

Unfortunately you're right; although the burden of proof is technically on him, as a practical matter he won't be required to show pictures, photos or any other evidence that you were actually involved intimately. Put on a united front, stay strong, and let the twit waste his money. You'll come out stronger in the end.