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Colorado law allows the evidence of Genetic Testing to determine
Paternity. This testing, as we shall see, does not necessary mean DNA
testing (which is a common misconception). We will also look at other
aspects of such testing regarding disputes and documentation
When is Genetic Testing in Colorado used?
Genetic testing can be used in any case pertaining to the parentage of a child. This can even include a proceeding in which a modification of spousal maintenance or child support is being discussed. Any genetic test can be used in order to show inherited characteristics. These characteristics could include blood and tissue type, but can refer to others as well.
Under the appropriate circumstances, the law also allows the testing of a deceased person. In addition, if there are two individuals with similar genetic characteristics such as the identical brother of a man, and there is reason to believe that either could be the father, genetic testing can be applied to both persons.
Refusing or disputing a genetic test
If any party refuses the genetic test, the court has the right to arrive at a resolution against him or her if the case requires the court to do so.
A party also has the rights to dispute the results of the first test. In this case, a second test may be conducted at the expense of the disputing party. There are regulations as to when and within what time a party may dispute the results.
Testimony of the Laboratory
The laboratory conducting the tests does not have to give any testimony while presenting the results. Instead, a document trail needs to be maintained and will capture facts such as who collected the samples, the names of the person who received them in the laboratory, as well as the collection dates.
Importantly, all information collected and conclusions arrived at by the lab are confidential. A breach of this information will be treated as a Class I misdemeanor which can carry a maximum sentence of 18 months imprisonment and a $5,000 fine.
Clinching proof
The court has the right to assume paternity if the results of the test place the man at a 97% probability of being the father.
Summary
Genetic testing is a well established procedure in Colorado Courts and is extensively used to determine paternity and parentage of a child. It can be used in a wide range of situations that cover any circumstance where such a determination needs to be made.
Patricia Marrison is a Family Law
attorney in Colorado Springs, CO. and the owner of the Marrison Law
Firm, Colorado Springs largest Family Law practice. The Marrison Law
Firm is devoted to assisting with the difficulties of the breakup of
relationships, be it common law marriage, a non-marriage with children,
or dissolution with or without children. We attempt to serve the entire
spectrum of relationships, from those couples with the simplest,
uncontested dissolution to the highly conflicted relationship involving
allegations of domestic abuse.
http://www.marrisonlaw.com
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