Presumptions of Paternity
When it comes to being a father, Colorado law provides for various presumptions about paternity. If one of these conditions exist, a man is presumptively deemed to be the father of a child. Now, this isn’t to say that this person is necessarily the father of a given child, but rather that the law presumes him to be. Therefore, if there are suspicions that a child may be that of another man, this presumption may be rebutted with clear and convincing evidence. Since the issue comes up from time to time, we’ve included an explanation of some of the presumptions regarding paternity.
Shortly After Marriage
If a man and a woman are married and a child is born during that marriage, or within 300 days after the marriage is terminated for a number of reasons, the law will presume that the husband/ex-husband is the father of the child. While there are circumstances under which this presumption may not be accurate, the presumption usually makes sense — if the wife becomes pregnant during her marriage, or for a period shortly thereafter, most people would presume her husband to be the father.