§ 19-4-114 — Pretrial recommendations - temporary orders

(1) On the basis of
the information produced at the pretrial hearing, the judge or magistrate
conducting the hearing shall evaluate the probability of determining the existence
or nonexistence of the father and child relationship in a trial and whether a judicial
declaration of the relationship would be in the best interest of the child. On the
basis of the evaluation, an appropriate recommendation for settlement shall be
made to the parties, which may include any of the following:

(a) That the action be dismissed with or without prejudice;

(b) That the matter be compromised by an agreement among the alleged
father, the mother, and the child in which the father and child relationship is not
determined but in which a defined economic obligation is undertaken by the alleged
father in favor of the child and, if appropriate, in favor of the mother, subject to
approval by the judge or magistrate conducting the hearing. In reviewing the
obligation undertaken by the alleged father in a compromise agreement, the judge
or magistrate conducting the hearing shall consider the best interest of the child, in
the light of the factors enumerated in section 19-4-116 (6), discounted by the
improbability, as it appears to him, of establishing the alleged father's paternity or
nonpaternity of the child in a trial of the action. In the best interest of the child, the
court may order that the alleged father's identity be kept confidential. In that case,
the court may designate a person or agency to receive from the alleged father and
disburse on behalf of the child all amounts paid by the alleged father in fulfillment
of obligations imposed on him.

(c) That the alleged father voluntarily acknowledge his paternity of the child;

(d) That the action be consolidated with a relinquishment action filed
pursuant to part 1 of article 5 of this title.

(2) If the parties accept a recommendation made in accordance with
subsection (1) of this section, judgment shall be entered accordingly.

(3) If a party refuses to accept a recommendation made under subsection (1)
of this section and genetic tests have not been taken, the court shall require the
parties to submit to genetic tests, if practicable. Thereafter, the judge or magistrate
shall make an appropriate final recommendation. If a party refuses to accept the
final recommendation, the action shall be set for trial. If the evidence relating to
paternity meets the requirements set forth in section 13-25-126 (1)(g), C.R.S., the
court shall issue temporary orders establishing current child support, foster care
maintenance, and medical support to remain in effect pending a final disposition of
the proceeding.

(4) The guardian ad litem may accept or refuse to accept a recommendation
under this section.

(5) The informal hearing may be terminated and the action set for trial if the
judge or magistrate conducting the hearing finds unlikely that all parties would
accept a recommendation he might make under subsection (1) or (3) of this section.

Legislative History

Source: L. 87: Entire title R&RE, p. 797, � 1, effective October 1. L. 91: (1), (3), and (5) amended, p. 363, � 36, effective April 9. L. 93: (1)(b) amended, p. 1780, � 43, effective June 6. L. 97: (3) amended, p. 562, � 10, effective July 1; (3) amended, p. 1275, � 14, effective July 1. L. 2003: (3) amended, p. 1270, � 61, effective July 1. L. 2005: (1)(d) added, p. 102, � 4, effective July 1.