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.
In South Carolina, when it comes to determining the amount of support in a paternity case, it is important to understand that this is not a question for the jury. The court provides specific instructions to the jury to ensure they focus on other aspects of the case. Here are some details regarding South Carolina Instruction to Jury in a Paternity Case: 1. South Carolina Pattern Jury Instruction — Paternity Case: This is the standard instruction provided to juries in paternity cases in South Carolina. It explicitly states that determining the amount of support is not within the jury's purview. Instead, the jury should focus on determining the paternity of the child and other related legal issues. 2. Jury Instructions on Paternity Determination: This South Carolina jury instruction highlights that the jury's role primarily involves establishing whether the alleged father is the biological parent of the child. It emphasizes the importance of evidence such as DNA tests, medical records, witness testimonies, and any other relevant evidence that can establish or refute paternity. 3. Separation of Support Determination: This type of South Carolina jury instruction signifies that the court will handle the determination of support separately from the jury trial. The instruction emphasizes that the jury should not consider or deliberate on the amount of support during their decision-making process. They should focus solely on determining paternity and any other associated legal questions. 4. Non-Jury Support Determination: In certain instances, South Carolina law may allow for a separate hearing or proceeding to determine the amount of support after paternity has been established. This means that the determination of support will be made by a judge outside the presence of the jury. Juries must be instructed that their responsibility is solely to determine paternity and not to consider any factors related to support. In summary, South Carolina Instruction to Jury in a Paternity Case emphasizes that the jury does not have the authority to decide the amount of support to be provided. Their role is limited to establishing paternity and considering any other legal questions related to the case. It is essential to follow these instructions accurately to ensure a fair and unbiased trial.
