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.
West Virginia Instruction to Jury in a Paternity Case: Amount of Support is not a Question for the Jury In a Paternity Case, the West Virginia instruction to the jury is clear that determining the amount of support is not a question for the jury. This means that the jury's role is limited to determining the issue of paternity, and not to determine the financial obligations or child support amount. Throughout the trial, the jury will be presented with evidence and arguments from both parties regarding the paternity of the child involved. This may include testimonies, DNA test results, medical records, or any other relevant evidence that can establish a biological relationship between the alleged father and the child. The jury will carefully consider all the evidence presented and will be instructed on legal principles and standards applicable to establishing paternity. They will be guided to determine whether there is sufficient evidence to prove, by a preponderance of the evidence, that the alleged father is the biological father of the child. However, it is essential for the jury to understand that their role is limited solely to determining the issue of paternity. The jury will not be responsible for deciding the amount of support that should be provided to the child if paternity is established. The court will handle the matter of child support separately. It is important to note that the court, not the jury, will determine the appropriate amount of child support based on guidelines established by West Virginia state laws. The court will consider factors such as the income and financial resources of both parents, the needs of the child, and any other relevant circumstances to determine a fair and just child support amount. Different types of West Virginia instructions to the jury in a Paternity Case that the amount of support is not a question for the jury may include: 1. Standard Instruction: This is a general instruction given in all paternity cases in West Virginia, reminding the jury that determining the amount of support is not within their purview. 2. Customized Instruction: Depending on the specific circumstances of the case, the judge may provide additional instructions or clarifications to the jury regarding the role of the court in determining child support and how it should not influence their decision on establishing paternity. 3. Additional Legal Principles: The instruction may also include other legal principles relevant to the case, such as the importance of considering the best interests of the child when determining child support. Overall, the West Virginia instruction to the jury in a Paternity Case emphasizes that the amount of support is a separate matter to be determined by the court, and the jury's sole responsibility is to establish the biological relationship between the alleged father and the child.
