19-6-101.5. Amendments of proceedings - adding children.
239 words·~1 min read·
/co/title-19-children-s-code/article-6-support-proceedings/19-6-101-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In any existing case commenced under this article, if it is alleged that another child has been conceived of the parents named in the existing case, that child shall be added to the existing case if at least one of the presumptions of paternity specified in section 19-4-105 applies for the purpose of establishing paternity and child support. The caption shall be amended to include the added child.
(2)The party amending the petition pursuant to subsection
(1)of this section shall serve the amended petition with the new caption upon the other parties in the manner set forth in section 19-6-103 (2).
(3)Once the court has acquired jurisdiction over the proceedings, such jurisdiction shall be retained regardless of the added child's physical presence or place of residence.
(4)An amended petition filed pursuant to this article shall comply with the requirements set forth in section 19-6-101.
(5)Notwithstanding the provisions of subsection
(1)of this section, in any case where there exists more than one alleged or presumed father for a child pursuant to section 19-4-105, a new case shall be commenced for that child to determine the child's paternity, establish child support, and address any other related issues. If it is determined that the child is the child of
parents named in an existing case, the cases shall be consolidated into the initial action pursuant to rule 42 of the Colorado rules of civil procedure.