It is hard to envision the scenario you outline. Father's do not usually initiate paternity cases to establish that they are NOT the father and if the mother filed the case, there would be no reason for her to refuse to complete the genetic testing.
The fact is, a court can order genetic testing. If the order is refused by a party, the Court has a full range of contempt powers to enforce the order and vindicate the dignity of the Court. The Court can make evidentary findings adverse to the party who refused the order, the Court could enter a fine, or the Court could jail the party until the order is complied with.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
I agree with Mr. Harkess that if the court orders genetic testing, you must comply with the order. Court orders must be obeyed. Further, if you are receiving public assistance, you may be required to cooperate with your county child support services to continue to receive public assistance. You may want to ask your case worker about this. Is it possible that Human Services initiated the paternity case and not the possible Father? You are right not sign any statement agreeing that the other party is the father without at least receiving the proof of he is the biological father. Hopefully the DNA test will turn out to be negative. Also, paternity is not necessarily decided by who the biological father is. If there is another possible Father you would want to be determined to be the Father, consult with an attorney.
This is for general information only and does not create an attorney client relationship.
To follow up on the previous answer, Colorado does recognize psychological parents. If there is a man who is a father figure in your son's life, he may be a psychological parent.
Child Support Services may seek to establish a father to obtain support for your son.
This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.