(DOWNLOAD) "State Ex Rel Dep't of Social Services v. Howard" by First Circuit Court of Appeal of Louisiana # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel Dep't of Social Services v. Howard
- Author : First Circuit Court of Appeal of Louisiana
- Release Date : January 30, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The salient issue raised on appeal in this action to establish paternity is whether the State of Louisiana, through the Department of Social Services Office of Family Support, Support Enforcement Services (hereinafter ""the State"") can require an alleged biological father to undergo paternity testing when the mother of the child was married to another man at the time of the child's birth. For the following reasons, we vacate the judgment of the trial court. On July 12, 2002, the State filed a petition to establish paternity against McErvin Howard. In its petition, the State asserted that the defendant maintained a sexual relationship with Tracy Williams from March of 1992 through June of 1992 and that Ms. Williams gave birth to Cedric W. Williams on March 17, 1993. Subsequently, the State filed a rule to show cause why a blood test should not be ordered. The trial court heard the rule to show cause on July 16, 2003. Before hearing any testimony or admitting any evidence, the trial court concluded that paternity testing to determine the biological father of the child was not available as the child's mother was married at the time of the child's birth and the presumed father had not timely filed an action to disavow. On August 22, 2003, the trial judge rendered judgment, denying the State's request for paternity testing. The State contests that judgment.1