(f) Upon motion by a party, the chancery court shall issue a temporary child support order in accordance with this Code, the guidelines for child support, and the family support chart, when paternity is disputed and a judicial or administrative determination of paternity is pending, if there is clear and convincing genetic evidence of paternity. (a) An action to establish the paternity of a child or children shall be commenced and proceed under the Arkansas Rules of Civil Procedure applicable in circuit court and chancery court, and the juvenile division thereof, as amended from time to time by the Arkansas Supreme Court or the General Assembly. determination of b/f’s paternity; child’s interests must be protected by the state where family unit dissolves, child placed in jeopardy by parent’s attempt to score by replacing legally presumed father with b/f; shifting of paternity fm presume father Arkansas Code. Paternity. Title 9, SubTitle 2, Ch. Search by Keyword or Citation; Search by Keyword or Citation . Domestic Relations. 1, §9-10-103. Code Anno. (b) Actions brought in the State of Arkansas to establish paternity … (iii) If a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the physical custodian of the child. paternity. John Land McDavid, Attorney at Law McDavid, Noblin & West 200 S. Lamar, #1000 Jackson, Mississippi 39201 . Revival of judgment. (2) In all cases brought pursuant to Title IV-D of the federal Social Security Act, upon sworn statement of the mother, putative father, or the Office of Child Support Enforcement alleging paternity, the Office of Child Support Enforcement shall issue an administrative order for paternity testing which requires the mother, putative father, and minor child to submit themselves for paternity testing. 1, §9-10-112. Natural Resources and Economic Development, Title 16. (Ark. (3) Payments made for this fee shall be made on an annual basis in the form of a check or money order payable to the clerk of the court or other such legal tender which the clerk may accept. (e) If the mother should die before the final order, the action may be revived in the name of the child, and the mother’s testimony at the temporary hearing may be introduced in the final hearing. (1) The court shall further order that the father enter into bond to the State of Arkansas in the penal sum of five hundred dollars ($500), with good and sufficient security. 10, SubCh. Petitions for paternity establishment may be filed by: (3) A person for whom paternity is not presumed or established by court order; or. Title 9, SubTitle 2, Ch. (2) The clerk, upon direction from the court and as an alternative to collecting the annual fee during the anniversary month each year after entry of the order, may prorate the first fee collected at the time of the first payment of support under the order to the number of months remaining in the calendar year and thereafter collect all fees as provided in this subsection during the month of January of each year. Phil Stratton, for appellee. (b) The appearance of the name of the father, with his consent, on the certificate of birth, the social security account number of the alleged father filed, with his consent, with the Division of Vital Records of the Department of Health of this state pursuant to § 20-18-407, a certified copy of such certificate or records, on which the name of the alleged father was entered with his consent, from the vital records department of another state, or the registration of the father, with his consent, in the putative father registry of this state pursuant to § 20-18-702 shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut such in a proceeding for paternity establishment. Public Utilities and Regulated Industries, Title 28. 5. JavaScript seems to be disabled in your browser. (i) If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established a residence in a county of another chancery district within the state, one (1) or both of the parties may petition the court which entered the final adjudication to request that the case be transferred to another county. To use the table, find your state and look at the statute of limitation and the applicable notes. Title 9, SubTitle 2, Ch. … Title 9, SubTitle 2, Ch. Here you will find a collection of state laws passed by the Arkansas Legislature and organized by subject area into Titles, Chapters and Sections. However, there are some situations where the man does not know he is a father until he receives notice from the court that he has been named in a paternity suit. Family Law. (A) Upon motion of either party in a paternity action, when the father is deceased or unavailable, the trial court shall order that the mother and child submit to scientific testing for paternity, which may include deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. Internet Explorer 11 is no longer supported. (A) If the results of the paternity tests establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child, after corroborating testimony of the mother in regard to access during the probable period of conception, such shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut such proof. (8) The costs of the scientific testing for paternity and witness fees shall be taxed by the court as other costs in the case. CA12-259 CHASITY MATHIS APPELLANT V. ESTATE OF DOYLE MCSPADDEN APPELLEE Opinion Delivered OCTOBER 24, 2012 APPEAL FROM THE WHITE COUNTY CIRCUIT COURT [NO. For more detailed codes research information, including annotations and citations, please visit Westlaw. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Search Arkansas Code. Title 9, SubTitle 2, Ch. Libraries, Archives, and Cultural Resources, Title 15. The notice shall inform the parties that the putative father and the mother of the child may sign an affidavit acknowledging paternity and that any party may request that scientifically accepted paternity testing be conducted to assist in determining the identities of the child’s parents. (b) The court shall not set aside, alter, or modify any final decree, order, or judgment of paternity where paternity blood testing, genetic testing, or other scientific evidence was used to determine the adjudicated father as the biological father. Visitation rights of father. (1) If the test administered under subdivision (e)(1)(A) of this section excludes the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity as the biological father of the child and the court so finds, the court shall set aside the previous finding or establishment of paternity and relieve him of any future obligation of support as of the date of the finding. Subchapter 1. (C) Any party to an administrative order for paternity testing may object to the administrative order within twenty (20) days after receiving the order and request an administrative hearing to determine if paternity testing under the administrative order should be conducted by the Office of Child Support Enforcement. (d) If the results of paternity testing exclude an alleged parent from being the biological parent of the child, the Office of Child Support Enforcement shall issue an administrative determination that declares that the excluded person is not a parent of the child. (b) (1) Acknowledgments of paternity shall by operation of law constitute a conclusive finding of paternity, subject to the modification of orders or judgments under 9-10-115, and shall be recognized by the chancery courts and juvenile divisions thereof as creating a … 1, §9-10-117. (1) Acknowledgments of paternity shall by operation of law constitute a conclusive finding of paternity, subject to the modification of orders or judgments under § 9-10-115, and shall be recognized by the chancery courts and juvenile divisions thereof as creating a parent and child relationship between father and child. However, the court will set aside the child's consent if it is determined that the adoption is in the child's best interest. Title 9, SubTitle 2, Ch. Appeals from chancery decisions in paternity cases shall be in the same manner as now provided by law for appeals from the chancery courts in equity cases. 1, §9-10-109. (g) If the test administered under subdivision (e)(1)(A) of this section confirms that the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity is the biological father of the child, the court shall enter an order adjudicating paternity and setting child support in accordance with §9-10-109, the guidelines for child support, and the family support chart. Establishing Paternity for a Father’s Rights in Arkansas. 1, §9-10-119. Title 9, SubTitle 2, Ch. Welcome to FindLaw's hosted version of the Arkansas Code. INHERITANCE BY ILLEGITIMATES IN ARKANSAS: STATUTE AND CASE DECISIONS BY John Land McDavid * McDavid, Noblin & West Security Centre North Suite 1000 200 South Lamar Street Jackson, Mississippi 39201. 10, SubCh. The Arkansas Supreme Court held the plain and unambiguous reading of this statute precludes an adjudicated father from obtaining a paternity test once his child-support [[1067]]obligation terminates. (A) The Office of Child Support Enforcement shall initially pay the costs of administrative paternity testing, but those costs shall be assessed against the putative father if paternity is established or against the applicant for services if the putative father is excluded as the biological father. (c) Any paternity testing results obtained pursuant to an administrative order for paternity testing shall be admissible into evidence in any chancery court or juvenile court for the proposes of adjudicating paternity, as provided by § 9-10-108. Title 9, SubTitle 2, Ch. Subtitle 2. 1, §9-10-115. The results showed three out of every ten men tested was found not to be the biological father. (b) Actions brought in the State of Arkansas to establish paternity may be brought at any time. You must have JavaScript enabled in your browser to utilize the functionality of this website. (6) If the results of paternity testing establish a ninety-five-percent or more probability of inclusion that the putative father is the biological father of the child, then the Office of Child Support Enforcement may file a complaint for paternity and child support in the chancery court or juvenile division thereof, as appropriate. Title 9, SubTitle 2, Ch. The Arkansas paternity statute provides: 4) The [DNA] tests shall be made by a duly qualified expert or experts to be appointed by the court. Wills, Estates, and Fiduciary Relationships, industry-leading online legal research system, Yes, Trump Can Be Charged With Inciting a Riot, House Passes Open Courts Act Targeting PACER Reform, 2021 May Bring Pro-Labor and Unionization Movement in Tech. (a) If the child is not born when the accused appears before the chancery court or chancellor, the court may hear evidence and may make temporary orders and findings pending the birth of the child. However, the child can attempt to establish paternity until he or she is 21. (a) An action to establish the paternity of a child or children shall be commenced and proceed under the Arkansas Rules of Civil Procedure applicable in circuit court, as amended from time to time by the Supreme Court. Opinion delivered November 20, 1995 *462Karen Walker-Knight, for appellant. (B) The use of income withholding does not constitute an election of remedies and does not preclude the use of other enforcement remedies. How is paternity established? This legal presumption, until DNA testing became available, used to be non-rebuttable and known as The Rule in Lord Mansfield’s Case. (3) Bonds shall be approved by the chancellor and an entry made on the record of the conditions and the securities thereon. (ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of these specimens. (A) The court where the final decree of paternity is rendered shall retain jurisdiction of all matters following the entry of the decree. [Repealed.] (i) If contested, documentation of the chain of custody of samples taken from test subjects in paternity testing shall be verified by affidavit of one (1) person witnessing the procedure or extraction, packaging, and mailing of said samples and by one (1) person signing for said samples at the place where same are subject to the testing procedure. Arkansas: Statute and Case Decisions. 10, SubCh. § 9-14-237) All child support payments paid by income withholding shall be subject to the provisions set forth in § 9-14-801 et seq. 10, SubCh. Today, things have changed. The process is available to parents if the mother was not married at the time of birth or if the biological father is … (A) The Office of Child Support Enforcement shall cause a copy of the administrative order for paternity testing to be served on the mother and putative father. Firefox, or 53, 60, 257 S.W.3d 82, 88 (2007). If the father and mother were not married at the time of the child's birth, an Affidavit of Acknowledging Paternity or a court order naming the legal father establishes paternity. 1, §9-10-116. I always had a doubt. 1, §9-10-110. Title 9, SubTitle 2, Ch. Under Arkansas family law statute (A.C.A. (1) Subsequent to the execution of an acknowledgment of paternity by the father and mother of a child pursuant to § 20-18-408 or § 20-18-409, or a similar acknowledgment executed during the child’s minority, or subsequent to a finding by the court that the putative father in a paternity action is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the chancery court as if it were a case involving a child born of a marriage in awarding custody, visitation, setting amounts of support, costs, and attorney’s fees, and directing payments through the clerk of the court, or through the Arkansas child support clearinghouse if the case was brought pursuant to Title IV-D of the Social Security Act. Child support following finding of paternity. (d) Upon submission of the acknowledgment of paternity to the Division of Vital Records of the Department of Health, the State Registrar of Vital Records shall accordingly establish a new or amended certificate of birth reflecting the name of the father as recited in the acknowledgment of paternity. 1, §9-10-108. When any chancery court in this state determines the paternity of a child and orders the father to make periodic payments for support of the child, the court may also grant reasonable visitation rights to the father and may issue such orders as may be necessary to enforce the visitation rights. Each parent must sign in the presence of a notary public. (2) The bond shall be void if the person or his executors or administrators indemnify each county in this state from all costs and expenses for the maintenance or otherwise of the child while under the age of eighteen (18) years, and for the payment of the monthly payments that may be adjudged as aforesaid. (B) If a maternal relative is available and willing to participate in paternity testing, the trial court shall include such maternal relative within its order for paternity testing. Title 12. Law Enforcement, Emergency Management, and Military Affairs, Title 13. (2) Such acknowledgments of paternity shall also be recognized as forming the basis for establishment and enforcement of a child support or visitation order without a further proceeding to establish paternity. Any individual may be adopted under Arkansas statute, although any child 10 and older must provide his or her consent. The test came back that she was not my daughter. Back in 1996 I signed a Voluntary Acknowledgment of Paternity. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. (1) Bills and invoices for pregnancy and childbirth expenses and paternity testing are admissible as evidence in the chancery court or juvenile division thereof without third-party foundation testimony if such bills or invoices are regular on their face. Moneys deposited in this fund shall be appropriated and expended for the uses designated in this subdivision (b)(5) by the quorum court at the direction of the clerk of the court. 10, SubCh. Bradley D. Jesson, Chief Justice. Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action to establish Paternity in the State of Wyoming, but does include basic and other provisions. It is not only a father who can bring a paternity suit: the biological mother, putative (probable) father, the parent or grandparent of a deceased putative father, or child support enforcement. 10, SubCh. Title 9, SubTitle 2, Ch. (a) A man is the father of a child for all intents and purposes if he and the mother execute an acknowledgment of paternity of the child pursuant to § 20-18-408 or § 20-18-409, or a similar acknowledgment executed during the child’s minority. (7) Whenever the court orders scientific testing for paternity and one (1) of the parties refuses to submit to the testing, that fact shall be disclosed upon the trial and may be considered civil contempt of court. The alleged father may voluntarily admit that he is the father of the child. Title 9, SubTitle 2, Ch. A paternity suit is often filed by the mother of a child seeking child support from the father. prior version of the statute which appellant urges us to apply, allows a legal father to have an absolute right to a paternity test and have his child-support obligation terminated if it is determined that he is not the biological father. Laws of the Revenue Division of the court rubber stamp they must stamp both the mother of a child child. 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