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.
North Carolina Instruction to Jury in a Paternity Case: Amount of Support In a paternity case in North Carolina, it is important for the jury to understand certain aspects of the trial. One key instruction that is commonly given to the jury is that the determination of the amount of child support is not within their purview. This means that the jury should not factor in or consider the financial support amount when making their decision. Let's delve into the details of this instruction and explore its relevance in paternity cases. In a North Carolina paternity case, the jury's role primarily focuses on determining the biological relationship between the alleged father and the child. They evaluate different pieces of evidence, such as DNA tests, witness testimonies, and any other relevant facts. Their ultimate goal is to decide whether the alleged father is indeed the biological parent of the child. During the trial, the jury may be informed about the obligations of a father, including the legal requirement to provide financial support for his child. However, it is crucial to emphasize that the amount of support is not a question for the jury’s consideration or decision. This specific instruction ensures that the jury remains focused solely on establishing paternity without getting involved in financial matters. It is worth noting that while the jury does not have the authority to determine the amount of child support, their verdict regarding paternity can have significant implications on future support proceedings. If the alleged father is confirmed as the biological parent, further legal proceedings will be conducted to establish the appropriate amount of support to be provided. Different types of North Carolina Instruction to Jury in a Paternity Case that acknowledge the exclusion of support determination from the jury's role may include: 1. Instruction Regarding Limited Scope: This instruction clarifies that the jury's responsibility is strictly limited to determining biological paternity. It explicitly states that the topic of financial support should not be considered by the jury. 2. Clarification of Role: This instruction reinforces the jury's obligation to disregard any discussions or evidence related to the amount of child support during deliberations. It emphasizes that the jury's role is solely to determine paternity. 3. Jurisdictional Limitation: This instruction informs the jury about the division of responsibilities between the jury and the family court system. It elaborates on the fact that the determination of financial support falls under the jurisdiction of the court and should not factor into the jury's decision. In conclusion, in North Carolina paternity cases, the jury is instructed that the amount of child support is not a question for their consideration. While they focus on establishing the biological relationship between the alleged father and the child, the subsequent determination of support will be handled by the family court system. By providing this instruction, the jury can remain focused on their specific role, ensuring a fair and impartial resolution in paternity cases.
