Criteria to Disclaim Someone as a Parent

If the person that you thought was the biological parent of your child isn't, you can ask the court to decide that the person is not the parent.

A case can be filed by:

1. A person who thought they were the biological parent of a child asking the court to decide that they are not an actual parent.
2. The parent asking the court to decide that the person they thought was the other biological parent is not an actual parent.
3. A child asking the court to decide that the person they thought was their parent is not the biological parent.
4. The State Department of Human Services or the County Department of Social Services.

You must file your case soon after you realize that the person you thought was the a biological parent is not an actual biological parent.

You cannot file your case more than 5 years after the child's birth.

Identify Where to File Your Paperwork

You should file your paperwork in the county where the child or the person who you thought was the parent lives or is found, or in any county where public assistance was or is being paid on behalf of the child.

If the person you thought was the father has died, the paperwork should be filed in any county where a probate case has been or could be filed.

Your should file your paperwork in district court unless you are filing in Denver County. If you are filing your paperwork in Denver County, you will need to go to the Denver Juvenile Court.

Use the courts locator to find the correct court location.

Paperwork

Guide

• JDF 1513 - Instructions to Disclaim Paternity.

Forms to Start the Case

• JDF 1000 - Case Information Sheet
• JDF 1514 - Petition
• JDF 1515 - Summons (only fill out the top boxes, called the case caption)
• JDF 1516 - Final Order (only fill out the top boxes, called the case caption)

Service Forms

• JDF 1515 (a) - Waiver of Service
• JDF 1515 (b) - Return of Service

Genetic Testing Forms

• JDF 1505 - Motion (request) for Genetic Testing
  • File with JDF 1508 - Order for Genetic Testing (only fill out the top boxes, called the case caption)
• JDF 1506 - Agreement for Genetic Testing
  • File with JDF 1507 - Order for Genetic Testing by Agreement (only fill out the top boxes, called the case caption)

Response Form

• JDF 1315 - General Response
  • Use to respond to any Petition or Motion.

As Needed Forms

• JDF 1314 - General Motion (request)
  • File with JDF 1316 - General Order (only fill out the top boxes, called the case caption)
• JDF 1312 - Contact Information Change
  • Notify the Court if your contact information changes so you don't miss important information.
• JDF 205 - Motion to Waive Fees
  • File with JDF 206 - Order (only fill out the top sections, A through C)

Step 1 - Start the Case

1. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.
2. Pay the filing fee or request a fee waiver.  Visit our File Without Payment section for complete information.
3. Complete any additional forms. The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

Step 2 - Formal Notification (Service)

1. After you file your forms with the court, you must arrange to deliver the Petition (JDF 1514) and Summons (JDF1515) to the other person (the Respondent).  Delivering these forms to the other person is called personal service.
2. Self-Help Service of Process will help you understand how to arrange to personally serve the other person and how to return proof of service to the court.

Step 3 - Response

If you receive a Petition to Disclaim Paternity:

1. File the Response (JDF 1315) into the case.
2. Pay the filing fee or request a waiver (see Step 1 above)

Determine if You Need Genetic Testing

You can ask for genetic testing to show that the person you thought was the father is not the actual father.

Genetic Testing

If you and the other person agree to genetic testing, ask the court for it using the agreement form (JDF 1506). Follow the instructions below in Option A to fill out the Agreement.

If you and the other person do not agree on genetic testing, ask the court for genetic testing using the Motion (JDF 1505). Follow the instructions below in Option B to fill out the Motion.

Option A: Agreement for Genetic Testing

Download and complete JDF 1506. You and the other person will both sign this form in front of a notary public or court clerk. You do not need to do this at the same time (i.e., you can sign in front of a notary or court clerk, give the form to the other person, and have him/her sign in front of a notary or court clerk at a later time). You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

You and the other person will need to contact a testing agency to schedule a date and time for the test. Put the date and time of the test on the form.

You and the other person will be responsible for paying the fee for the test.

Option B: Motion for Genetic Testing

Download and complete JDF 1505. You will sign the form, but the other person does not need to sign.

Contact a testing agency to schedule a date and time for the test. Put the date and time of the test of the form.

You will be responsible for paying the fee for the test.

You will need to mail or hand-deliver a copy of the form. After you mail or hand-deliver a copy of the form, fill out the Certificate of Service section, then file it with the court.