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.
When it comes to a paternity case in Virginia, it is crucial to understand the role and limitations of the jury, specifically regarding the amount of support. In such cases, Virginia Instruction to Jury emphasizes that determining the amount of support is not within the jury's purview. Here is a detailed description of Virginia Instruction to Jury in a Paternity Case where the amount of support is not a question for the jury: In a paternity case in Virginia, the court instructs the jury regarding their responsibilities in determining the issues and arriving at a verdict. However, the amount of support to be paid in relation to the child is not a matter that falls within the jury's jurisdiction. Virginia Instruction to Jury clearly articulates that their role is solely to decide the issue of paternity — whether the alleged father is the biological parent of the child or not. The jury evaluates the presented evidence, including DNA test results, witness testimonies, and any additional evidence as provided by the involved parties or their legal representatives. The purpose of this instruction is to prevent any confusion or misconception within the jury regarding their authority on the issue of child support. It ensures that the jury's focus remains on the core issue at hand — determining paternity. It is important to note that while the amount of support is not a question for the jury, it is indeed an essential aspect of the case that is decided by the court. The court assesses various factors such as the child's needs, the income of both parents, custody arrangements, and any extraordinary expenses to determine a fair and reasonable amount of child support. The court's decision on child support is binding and must be adhered to by the responsible party. Different types of Virginia Instruction to Jury in a Paternity Case where the amount of support is not a question for the jury may vary depending on the specific case and the judge's discretion. However, the core objective of these instructions remains consistent — ensuring that the jury understands the limited scope of their authority in determining child support issues. Keywords: Virginia Instruction to Jury, paternity case, amount of support, question for the jury, DNA test, child's needs, custody arrangements, child support, legal representatives, verdict.
