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: Understanding North Dakota Instructions to Jury in a Paternity Case: Support Amount Determination Introduction: In a paternity case, determining the appropriate amount of child support is essential to ensure the well-being of the child involved. During the trial, the jury's role is to assess the credibility of the evidence presented and make informed decisions based on the facts presented before them. However, in North Dakota, it is important to note that the determination of the support amount is not within the jury's jurisdiction. This article will provide a detailed description of North Dakota instructions to the jury in paternity cases, emphasizing that the amount of support is not a question for the jury. Understanding North Dakota Instructions to Jury in a Paternity Case: 1. Jury's Role in a Paternity Case: In North Dakota, a paternity case involves establishing a legal relationship between a supposed father and a child. The jury's primary role is to determine the biological father's identity by evaluating testimonies, DNA evidence, and any other relevant evidence presented during the trial. 2. Determination of Support Amount in Paternity Cases: In North Dakota, the determination of the support amount falls under the jurisdiction of the North Dakota Department of Human Services (DHS) or the appropriate child support enforcement agency. The jury does not have the authority to set or alter the support amount based on their verdict. 3. Instructions to Jury Regarding Support Amount Determination: During a paternity trial in North Dakota, the judge will provide specific instructions to the jury regarding the limited scope of their decision-making on the support amount. These instructions may include the following key points: a. Lack of Authority: The judge ensures that the jury understands that their responsibility is to determine the paternity of the child and should not consider or deliberate on the financial support aspect. b. Focus on Biological Relationship: The jury should focus on the evidence presented to prove or disprove the biological relationship between the alleged father and the child. Factors such as genetics, DNA testing, witness testimonies, and other relevant evidence must be considered. c. Confidentiality of Child Support Proceedings: The jury should be reminded that the child support proceedings and calculations are confidential and will be handled by the designated child support enforcement agency, ensuring the privacy and protection of all parties involved. d. Separate Legal Proceedings: The judge instructs the jury that any disputes or concerns related to child support should be addressed outside the trial proceedings and through the appropriate legal channels, such as filing a separate motion or petition with the relevant administrative agency. Conclusion: In North Dakota, the amount of child support in a paternity case is not a question for the jury to decide. Their role is primarily limited to determining the biological relationship between the supposed father and the child. Understanding the boundaries of the jury's jurisdiction is crucial to ensure a fair trial and proper consideration of the relevant factors.
