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.
South Carolina Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury
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How to fill out Instruction To Jury In A Paternity Case That The Amount Of Support Is Not A Question For The Jury?
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1. What if we are not sure who the biological father is? If either parent is not 100% sure who the biological father is, they should not sign the Paternity Acknowledgement form at the hospital. After 60 days, the Paternity Acknowledgment becomes a legally binding document.
The father's name will appear on the birth certificate, and the father must consent to the name of the child before the child's name appears on the birth certificate. A father signing just the birth certificate, without signing a Paternity Acknowledgement Affidavit, does not constitute paternity.
If you're ordered to pay child support in South Carolina, then you'll have to pay this until the child turns 18 years old. However, there are some exceptions to this rule. For instance, you may still have to pay until your child graduates from high school.
Once paternity is established, both parents will maintain equal rights before the court. Neither the father nor the mother will be given any preference, and the court will award custody based on the best interest of the child's interests.
Persons who are not a resident of the county for which they have been summoned. Persons who cannot cannot read, write, speak, or understand the English language. Persons who have less than a sixth grade education or its equivalent. A mental or physical condition prevents them from serving as a juror.
South Carolina's thirteenth juror doctrine is so named because it entitles the trial judge to sit, in essence, as the thirteenth juror when he finds "the evidence does not justify the verdict," and then to grant a new trial based solely "upon the facts." Id.
DNA samples for testing are usually collected through a cheek swab, taken in court, a medical clinic, or a state-run child support office. The results are typically ready in 4-6 weeks and are presented to the court and involved parties.
For married parents, paternity is assumed at birth. For unmarried parents, paternity can be established through a paternity acknowledgement at the hospital or at DHEC Vital Records (or any county health department) after leaving the hospital.