If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.
Title: California Instruction to Jury in a Paternity Case: Amount of Support Not a Question for the Jury Keywords: California, jury instruction, paternity case, child support, legal proceedings Introduction: In California, when dealing with paternity cases, it is crucial to understand the specific instructions given to the jury regarding the determination of child support. This article will provide a detailed description of California instructions to the jury in paternity cases emphasizing that the amount of support is not a question for the jury. Types of California Instructions in a Paternity Case: 1. CAC No. 372: "Jury Cannot Determine Amount of Child Support" This instruction clarifies that the jury's role in a paternity case does not involve determining the specific amount of child support awarded. Instead, it emphasizes that the amount is determined by the court based on established statutory guidelines and the evidence presented during the trial. 2. CAC No. 378: "Jury's Limited Role" This instruction reiterates the limited role of the jury in a paternity case, specifically regarding child support. It informs the jury that their responsibility is solely to evaluate the evidence presented and make conclusions about parental relationships, but not the financial aspects of child support. 3. CAC No. 377: "Jury's Considerations in Paternity Case" This instruction provides the jury with guidance on the specific factors they should consider in a paternity case. It includes determining the existence of a biological father-child relationship and evaluating evidence such as DNA testing results, witness testimony, medical records, and other relevant information. 4. CAC No. 382: "Court Determines Amount of Child Support" This instruction emphasizes the role of the court in determining the appropriate amount of child support in a paternity case. It explains that the court should consider factors such as the parents' income, expenses, and the child's needs, while following guidelines established by California's statutory laws. Importance of these Instructions: These jury instructions play a vital role in ensuring a fair and consistent approach to determining child support in paternity cases. By clearly stating that the amount of support is not within the jury's purview, these instructions prevent potential bias or conflicting determinations. This ensures that child support decisions are made based on established legal frameworks and reliable evidence, prioritizing the well-being of the child involved. Conclusion: In a paternity case in California, jury instructions are crucial in guiding the jury's decision-making process. These instructions clearly state that determining the amount of child support is not within the jury's responsibility. By understanding and adhering to these instructions, both the court and the jury contribute to a fair and unbiased resolution while prioritizing the best interests of the child involved in the case.
