(2) The court’s granting of a default paternity judgement shall be based on the presumed mother’s affidavit of facts in which the presumed mother names the defendant as the father of her child and states the defendant’s access during the probable period of conception. Or, if either parent is not 100% sure who the biological father is, a DNA test may to done to establish paternity. Suit to determine paternity of illegitimate child. Internet Explorer 11 is no longer supported. 1, §9-10-120. Microsoft Edge. 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 (a) If it is found by the chancery court that the accused is the father of the child and, if claimed by the mother, the chancery court or chancellor shall give judgment for a monthly sum of not less than ten dollars ($10.00) per month for every month from the birth of the child until the child attains the age of eighteen (18) years. Here you will find a collection of state laws passed by the Arkansas Legislature and organized by subject area into Titles, Chapters and Sections. Title 9, SubTitle 2, Ch. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (d) In cases brought pursuant to Title IV-D with support orders effective prior to October 1, 1989, income withholding may take effect immediately in any child support case at the request or upon the consent of the noncustodial parent. 10, SubCh. 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. Professions, Occupations, and Businesses, Title 23. This paternity, however, may be challenged if another man asserts that he is the father of the child, and he undergoes a paternity test. (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. (b) A biological father, provided he has established paternity in a court of competent jurisdiction, may petition the chancery court, or other court of competent jurisdiction, wherein the child resides, for custody of the child. If you and your child's mother are not married, but you both agree that you are father, Arkansas law allows fathers to sign a voluntary acknowledgement of paternity. 53, 60, 257 S.W.3d 82, 88 (2007). Each parent must sign in the presence of a notary public. (B) Recovery by the Office of Child Support Enforcement through all available processes shall be initiated, including income withholding, when appropriate. To use the table, find your state and look at the statute of limitation and the applicable notes. Title 9, SubTitle 2, Ch. 10, SubCh. What is 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. (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. (A) All orders directing payments through the registry of the court or through the Arkansas child support clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year. All child support payments paid by income withholding shall be subject to the provisions set forth in § 9-14-801 et seq. (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. Additionally, many state courts may establish paternity when genetic testingdetermines that a man is the biological father of a child. (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. I own arrears on her. (B) If a paternal relative is available and willing to participate in paternity testing, the trial court shall include such paternal relative within its order for paternity testing. (c) The court may award custody to the biological father upon a showing that: (1) He is a fit parent to raise the child; (2) He has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support for the child; and. Establishing paternity is easy and free. (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 … However, the court will set aside the child's consent if it is determined that the adoption is in the child's best interest. Welcome to FindLaw's hosted version of the Arkansas Code. (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. (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. 10, SubCh. The results showed three out of every ten men tested was found not to be the biological father. (c) In activating an order of income withholding which did not become effective immediately, the court shall follow the same procedures and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the chancery court. Here you will find a collection of state laws passed by the Arkansas Legislature and organized by subject area into Titles, Chapters and Sections. Trial by court or chancellor. (8) The costs of the scientific testing for paternity and witness fees shall be taxed by the court as other costs in the case. 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. Convenient, Affordable Legal Help - Because We Care. Bradley D. Jesson, Chief Justice. A father must sue to establish paternity before he has any rights in the eyes of the State of Arkansas. Judgment for lying-in expenses – Commitment on failure to pay. Title 12. Revival of judgment. 1, §9-10-102. (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. According to the Laws of Arkansas and paternity statute 9-10-108, when a child is born to married parents, there is an automatic legal relationship between the child and the husband of the mother; and the father’s name will appear on the birth certificate. Arkansas Code Search | Laws and Statutes Search the Arkansas Code for laws and statutes. If both parents do not voluntarily sign the Affidavit Acknowledging Paternity, you may contact an attorney or ask the Office of Child Support Enforcement to petition the How is Paternity Established? Back in 1996 I signed a Voluntary Acknowledgment of Paternity. Supreme Court of Arkansas. (1) Beyond the sixty-day period or other limitation set forth in subsection (c) of this section, a person may challenge a paternity establishment pursuant to a voluntary acknowledgment of paternity or an order based on an acknowledgment of paternity only upon an allegation of fraud, duress, or material mistake of fact. 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. (a) The chancery court may at any time enlarge, diminish, or vacate any order or judgment in the proceedings under this section except in regard to the issue of paternity as justice may require and on such notice to the defendant as the court may prescribe. 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. Family Law. 10, SubCh. 1, §9-10-104. Establishing Paternity for a Father’s Rights in Arkansas. 5. 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. We recommend using paternity. (c) If the person refuses or neglects to enter into bond with security as above provided, the chancellor shall commit him to the jail of the county, there to remain until he complies with the order or until he is otherwise discharged according to law. (B) The use of income withholding does not constitute an election of remedies and does not preclude the use of other enforcement remedies. (3) The court may also provide for the continuation of support for an individual with a disability which affects the ability of the individual to live independently from the custodial parent. [Repealed.] Visitation rights of father. Title 9. Arkansas Paternity Law, Information and FAQ Introduction: Paternity is defined as the quality or state of being a Father. Tips on how to fill out the Petition for paternity form arkansas online: To start the form, utilize the Fill & Sign Online button or tick the preview image of the form. (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. Arkansas: The custody statute requires that court grant custody "without regard to the sex of the parent but solely in accordance with the welfare and best interest of the children." (B) Paternity testing accomplished pursuant to an administrative order shall be conducted pursuant to the guidelines and procedures set out in § 9-10-108. [Superseded.] Public Utilities and Regulated Industries, Title 28. (a)When a child is born to an unmarried woman, legal custody of that child shall be in the woman giving birth to the child until the child reaches the age of eighteen (18) years unless a court of competent jurisdiction enters an order placing the child in the custody of another party. (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. 1, §9-10-115. (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. INTRODUCTION Over the past two … (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. Child support following finding of paternity. Libraries, Archives, and Cultural Resources, Title 15. 10, SubCh. Appeals. Paternity. 1, §9-10-103. (1) Upon motion of either party in a paternity action, the trial court shall order that the putative father, mother, and child submit to scientific testing for paternity, which may include deoxyribonucleic acid testing, 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. 1, §9-10-108. (a) If it is found by the court that the accused is the father of the child, the court shall render judgment against him for the lying-in expenses in favor of the mother, person, or agency incurring the lying-in expenses, if claimed. 10, SubCh. § 9-14-237) 1, §9-10-114. Adoption Laws in Arkansas: Overview. (A) Upon motion of either party in a paternity action, when the mother is deceased or unavailable, the trial court shall order that the putative father 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. The age of majority in Arkansas is 18 years of age or when the child should have graduated from high school. 10, SubCh. Title 9, SubTitle 2, Ch. For example, in Missouri, the parent (or another party) must establish paternity before the child turns 18. (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. All rights reserved. -2-its disposition of this case. Title 9, SubTitle 2, Ch. (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. Title 9, SubTitle 2, Ch. The judge of each division shall determine if all support orders shall be subject to the provisions of this section and shall enter a standing order setting forth the treatment of non-Title IV-D cases in that division prior to January 1, 1994. (2) The burden of proof shall be upon the person challenging the establishment of paternity. (1) Upon a default by the defendant, the court shall grant a finding of paternity and shall establish a child support order based on an application in accordance with the Arkansas Rules of Civil Procedure and the family support chart. General Provisions. 10, SubCh. For most men, becoming a father is the greatest moment of their lives. (Ark. Title 9, SubTitle 2, Ch. (c) Any signatory to a voluntary acknowledgment of paternity may rescind the acknowledgment by completing a form provided for that purpose and filing the form with the Division of Vital Records of the Department of Health: (1) Prior to the date that an administrative or judicial proceeding, including a proceeding to establish a support order, is held relating to the child and the person executing the voluntary acknowledgment of paternity is a party; or. Practice, Procedure, and Courts, Title 17. A paternity suit is often filed by the mother of a child seeking child support from the father. Arkansas Constitution of 1874 Title 1. (4) Notification pursuant to this section must inform each recipient that any objection must be filed within twenty (20) days from the date of receipt of the affidavit and motion for transfer. Code Anno. (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. Arkansas Code Title 9, SubTitle 2, Ch. (3) In all non-Title IV-D cases brought prior to January 1, 1994, the support order may include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate withholding, or a written agreement of the parties incorporated in the order setting forth an alternative agreement. Google Chrome, Enter your official identification and contact details. The judgment may be revived against the executor or administrator of the person against whom the judgment was rendered. 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