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.
New York Instruction to Jury in a Paternity Case: The instruction to the jury in a paternity case in New York clarifies that the determination of the amount of child support is not within their purview. The purpose of this instruction is to inform the jury that they should not consider or decide on issues related to child support, as it is solely the responsibility of the court. In paternity cases, the court's primary concern is to establish the legal relationship between a father and a child. While child support may be an important consideration, its determination falls under the jurisdiction of the court and is based on various legal guidelines and calculations. Several types of New York instructions to the jury in a paternity case that emphasize the exclusion of child support determinations can be mentioned. These instructions may include: 1. Paternity Instruction: No Determination of Child Support Amount: This instruction specifically guides the jury to understand that their role is solely limited to determining the biological relationship between the alleged father and the child. It highlights that deciding the amount of child support is beyond their scope and should not be considered during deliberations. 2. Jury Instruction: Child Support Calculation is the Court's Responsibility: This instruction emphasizes that the court is exclusively responsible for evaluating the appropriate amount of child support based on established guidelines, such as the Child Support Standards Act (CSS) in New York. It ensures that the jury avoids any deliberation related to child support and focuses solely on the issue of paternity. 3. Limitations on Jury Deliberations: This instruction informs the jury that they should not deliberate or speculate on any matters pertaining to child support. It categorically states that the amount of support is not a question for them to consider and that their sole task is to establish the biological relationship between the alleged father and child. These instructions serve to prevent any confusion or misguidance among the jury and ensure they focus solely on the determination of paternity. By clarifying that child support is exclusively within the court's jurisdiction, these instructions uphold the legal process and maintain a fair trial.
