19-4-107.3. When determination of parentage is final - modifications - exceptions.
366 words·~2 min read·
/co/title-19-children-s-code/article-4-uniform-parentage-act/19-4-107-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)An order determining parentage pursuant to this article shall be modified or set aside, within the time frames specified in subsection
(2)of this section, if genetic test results based on DNA testing, administered in accordance with section 13-25-126, C.R.S., establish the exclusion of the individual named as the father in the order as the biological parent of the child and the court determines that it is just and proper under the circumstances and in the best interests of the child.
(b)If the court modifies or sets aside an order determining parentage pursuant to paragraph
(a)of this subsection (1), then the court shall modify the provisions of the order respecting child support for installments accruing subsequent to the filing of the motion pursuant to section 14-10-122 (6), C.R.S., and may vacate or deem as satisfied, in whole or in part, unpaid child support obligations arising from or based on the order determining parentage. The court shall not order restitution from the state for any sums paid to or collected by the state for the benefit of the child.
(a)A motion to modify or set aside an order determining parentage pursuant to this section must be filed within two years from the date of the entry of the order.
(b)Repealed.
(3)Notwithstanding subsection
(1)of this section, a determination of parentage or an order respecting child support must not be modified or set aside pursuant to this section if:
(a)The individual named in the order acknowledged paternity pursuant to section 19-4- 105 (1)(c) or (2)(a.5) knowing that he was not the father of the child;
(b)The child was adopted by the individual named in the order; or
(c)The child was conceived by means of assisted reproduction.
(4)A motion filed pursuant to this section may be brought by the individual named as the father in the order and shall be served in the manner set forth in the Colorado rules of civil procedure upon all other parties. The court shall not modify or set aside a final order determining parentage pursuant to this section without a hearing.
(5)For purposes of this section, "DNA" means deoxyribonucleic acid.