Colorado § 19-4-109 - Jurisdiction - venue.

§ 19-4-109. Jurisdiction - venue.

(1) Without limiting the jurisdiction of any other court, the juvenile court has jurisdiction of an action brought pursuant to this article 4. The juvenile court's jurisdiction includes concurrent jurisdiction with a dependency and neglect court, as set forth in section 19-3-205 (1), to determine a parent-child legal relationship. A delegate child support enforcement unit also has jurisdiction to establish paternity in noncontested paternities in accordance with the procedures specified in article 13.5 of title 26. The action may be joined with an action in another court of competent jurisdiction for dissolution of marriage, legal separation, declaration of invalidity of marriage, or support.

(1.5) A paternity determination made by another state, whether established through voluntary acknowledgment, administrative processes, or judicial processes, shall be enforced and otherwise treated in the same manner as a judgment of this state.

(2) A person who has sexual intercourse in this state thereby submits to the jurisdiction of the courts of this state as to an action brought under this article with respect to a child who may have been conceived by that act of intercourse. Upon filing of the petition, the court shall issue a summons. The hearing shall be set for a day not less than ten days after service is completed or on such later date as the court may order. In addition to any other method provided by rule or statute, including rule 4 (e) of the Colorado rules of civil procedure, when there is a basis for personal jurisdiction over an individual living outside this state pursuant to section 14-5-201, C.R.S., service may be accomplished by delivering a copy of the summons, together with a copy of the petition upon which it was issued, to the individual served. Such service may be by private process server or by sending such copies to such individual by certified mail with proof of actual receipt by such individual.

(3) The action may be brought in the county in which the child or the alleged father resides or is found, or in any county where public assistance was or is being paid on behalf of the child, or, if the father is deceased, in any county in which proceedings for probate of his estate have been or could be commenced.

Source: L. 87: Entire title R&RE, p. 795, § 1, effective October 1. L. 89: (1) amended, p. 1247, § 5, effective April 1; (3) amended, p. 794, § 20, effective July 1. L. 94: (1.5) added and (2) amended, p. 1541, § 14, effective May 31. L. 2005: (2) amended, p. 378, § 4, effective April 22. L. 2021: (1) amended, (HB 21-1220), ch. 212, p. 1129, § 5, effective July 1.

Editor's note: 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 19-6-109 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

ANNOTATION

The district court has exclusive jurisdiction in certain matters concerning children, such as dissolutions of marriage or legal separation. Thus, the effect of subsection (1) is to provide an alternate forum for the resolution of paternity disputes. In re De La Cruz, 791 P.2d 1254 (Colo. App. 1990).

Subsection (1) does not require that a parentage action be brought in the juvenile court before joinder with action in another court, and the district court had the authority to determine the issue of parentage once it was raised by the presumed father. In re De La Cruz, 791 P.2d 1254 (Colo. App. 1990).

When a paternity issue arises in a nonpaternity proceeding, court must follow procedure under the Uniform Parentage Act. People ex rel. J.G.C., 2013 COA 171, 318 P.3d 576.

Personal service upon the father in Colorado enables the state to exercise personal jurisdiction over him, even if the child was not conceived by acts of sexual intercourse in the state of Colorado. People ex rel. J.A.E.S., 7 P.3d 1021 (Colo. App. 2000).

Venue provision of subsection (3) prevails over any conflicting provisions in the Colorado rules of civil procedure. In re U.M. v. District Court, 631 P.2d 165 (Colo. 1981).

Applied in People in Interest of M.E.W.F., 42 Colo. App. 495, 600 P.2d 108 (1979).