(1)
(a) Proceedings to compel parents, or other legally responsible persons, to support a child or children may be commenced by any person filing a verified petition in the court of the county where the child resides or is physically present, or in the county where the obligor parent resides, or in any county where public assistance is or was being paid on behalf of the child.
(b) Repealed.
(2) A petition under this article may be filed at any time prior to the twenty-first birthday of the child.
(3) Once the court has acquired jurisdiction, such jurisdiction shall be retained regardless of the child's place of residence or physical presence.
(4) The minority of the petitioner or of the respondent shall in no way affect the validity of the proceedings.
(5) Actions brought under this article shall be entitled, "The People of the State of Colorado in the Interest of .........., children, upon the Petition of .........., petitioner, and concerning .........., respondent."
(6) A petition filed pursuant to this article shall contain the following advisements:
(a) That a request for genetic tests shall not prejudice the requesting party in matters concerning allocation of parental responsibilities pursuant to section 14-10-124 (1.5), C.R.S.; and
(b) That, if genetic tests are not obtained prior to a legal establishment of paternity and submitted into evidence prior to the entry of the final order establishing paternity, the genetic tests may not be allowed into evidence at a later date.
Source: L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 89: (1) and (2) amended, p. 795, § 22, effective July 1. L. 91: (1) amended, p. 254, § 14, effective July 1. L. 95:
(1) amended, p. 1398, § 3, effective July 1. L. 2005: (6) added, p. 379, § 6, effective January 1, 2006. L. 2006: (6)(b) amended, p. 516, § 3, effective August 7.
Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-7- 101 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective June 30, 1999. (See L. 95, p. 1398.)
Notes of Decisions
Cited in
49
cases, 1975–2020 · leading case:
R.Mcg. v. J.W., 615 P.2d 666 (Colo. 1980).
R.Mcg. v. J.W., 615 P.2d 666 (Colo. 1980).
· cites it 12× “violates equal protection of the laws under the federal and state constitution and the equal rights amendment to the Colorado constitution. I Before the enactment of the UPA, a putative father had no statutory right to commence an action to establish his paternity.”
People in Interest of RTL, 780 P.2d 508 (Colo. 1989).
· cites it 17× “'s birth, the Department filed this support proceeding pursuant to Article 6 of the Colorado Children's Code, §§ 19-6-101 to 19-6-106, 8B C.R.S. (1988 Supp.”
People in the Interest of AAT, 554 P.2d 302 (Colo. 1976).
· cites it 7× “Under the circumstances of that case, this court held that judgment of paternity against the respondent was improper.”
People Ex Rel. S.L.H. v. J.M.H., 736 P.2d 1226 (Colo. Ct. App. 1986).
· cites it 6× “Under § 19-6-107(1) of the UPA, a man presumed to be the father because he and the child's mother were married to each other when the child was born may bring an action at any time to declare the existence of the father-child relationship, but only within five years after the…”
L.G. v. People, 890 P.2d 647 (Colo. 1995).
“) (relinquishment and adoption); §§ 19-6-101 to -106, 8B C.R.S. (1994 Supp.”
People ex rel. A.K., 72 P.3d 402 (Colo. Ct. App. 2003).
· cites it 7× “2002, grant the juvenile court (here the trial court) exclusive jurisdiction for, among other things, support proceedings under § 19-6-101, et seq., C.R.S.2002. Section 19-6-101(1)(a), C.”
In the Interest of R.C., 775 P.2d 27 (Colo. 1989).
· cites it 2× “1-3, §§ 19-6-101 to -129, 1977 Colo.Sess.Laws 1010, 1011-12 (now codified at §§ 19-4-101 to -129, 8B C.”
Dzm v. Dag, 592 P.2d 1 (Colo. Ct. App. 1979).
· cites it 4× “245, § 19-6-101 et seq. at 1010, effective July 1, 1977, was filed on September 7, 1977.”
In Re Marriage of Weaver, 571 P.2d 307 (Colo. Ct. App. 1977).
· cites it 2× “1973, requires the filing of a petition in a support proceeding before the child's 18th birthday, there is no prohibition against requiring support to continue after that birthday.”
B. G. v. S. G., 609 P.2d 121 (Colo. 1980).
· cites it 9× “See section 19-6-101(2), C.R.S.1973. Such a rule would promote unnecessary litigation.”
People in Interest of R.T.L., 756 P.2d 383 (Colo. Ct. App. 1987).
· cites it 4× “, the child’s presumed father under § 19-6-101, et seq., C.R.S. (now in 1986 RepLVol.”
— Colo. Rev. Stat. § 19-6-101(1) — 5 cases
People in the Interest of AAT, 554 P.2d 302 (Colo. 1976).
“Under the circumstances of that case, this court held that judgment of paternity against the respondent was improper.”
People in Interest of RTL, 780 P.2d 508 (Colo. 1989).
“'s birth, the Department filed this support proceeding pursuant to Article 6 of the Colorado Children's Code, §§ 19-6-101 to 19-6-106, 8B C.R.S. (1988 Supp.”
— Colo. Rev. Stat. § 19-6-101(1)(a) — 5 cases
People ex rel. A.K., 72 P.3d 402 (Colo. Ct. App. 2003).
“2002, grant the juvenile court (here the trial court) exclusive jurisdiction for, among other things, support proceedings under § 19-6-101, et seq., C.R.S.2002. Section 19-6-101(1)(a), C.”
— Colo. Rev. Stat. § 19-6-101(2) — 13 cases
People in Interest of RTL, 780 P.2d 508 (Colo. 1989).
“'s birth, the Department filed this support proceeding pursuant to Article 6 of the Colorado Children's Code, §§ 19-6-101 to 19-6-106, 8B C.R.S. (1988 Supp.”
People Ex Rel. S.L.H. v. J.M.H., 736 P.2d 1226 (Colo. Ct. App. 1986).
“Under § 19-6-107(1) of the UPA, a man presumed to be the father because he and the child's mother were married to each other when the child was born may bring an action at any time to declare the existence of the father-child relationship, but only within five years after the…”
Dzm v. Dag, 592 P.2d 1 (Colo. Ct. App. 1979).
“245, § 19-6-101 et seq. at 1010, effective July 1, 1977, was filed on September 7, 1977.”
In Re Marriage of Weaver, 571 P.2d 307 (Colo. Ct. App. 1977).
“1973, requires the filing of a petition in a support proceeding before the child's 18th birthday, there is no prohibition against requiring support to continue after that birthday.”
B. G. v. S. G., 609 P.2d 121 (Colo. 1980).
“See section 19-6-101(2), C.R.S.1973. Such a rule would promote unnecessary litigation.”
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