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§ 9-10-103. Temporary orders — Administrative orders for paternity testing

(a) If the child is not born when the accused appears before the circuit court, the court may hear evidence and may make temporary orders and findings pending the birth of the child. (b) (1) (A) If the parentage of a child has not been established, the Office of Child Support Enforcement of the Revenue […]

§ 9-10-104. Suit to determine paternity of child born outside of marriage

Petitions for paternity establishment may be filed by: (1) A biological mother; (2) A putative father; (3) A person for whom paternity is not presumed or established by court order, including a parent or grandparent of a deceased putative father; or (4) The Office of Child Support Enforcement of the Revenue Division of the Department […]

§ 9-10-105. Trial by court

When the case is ready for trial, if the accused denies being the father of the child, the circuit court shall hear the evidence and decide the case.

§ 9-10-108. Paternity test

(a) (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 […]

§ 9-10-109. Child support following finding of paternity

(a) (1) (A) 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 […]

§ 9-10-110. Judgment for lying-in expenses — Commitment on failure to pay

(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. (b) If the lying-in expenses are not paid upon the rendition of the […]

§ 9-10-111. Judgment for child support — Bond

(a) If it is found by the circuit court that the accused is the father of the child and, if claimed by the mother, the circuit court or circuit judge 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 […]

§ 9-10-112. Income withholding — Delinquent noncustodial parent

(a) (1) Except as provided in subsection (b) of this section, all persons under court order on August 1, 1985, to pay support who become delinquent thereunder in an amount equal to the total court-ordered support payable for thirty (30) days shall be subject to income withholding. (2) (A) In all orders that provide for […]

§ 9-10-113. Custody of child born outside of marriage

(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 eighteen (18) years of age unless a court of competent jurisdiction enters an order placing the child in the custody of another party. (b) A biological […]

§ 9-10-114. Visitation rights of father

When any circuit 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.

§ 9-10-115. Modification of orders or judgments

(a) The circuit 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. (b) The court shall not set aside, alter, or […]

§ 9-10-120. Effect of acknowledgment of paternity

(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. (b) (1) Acknowledgments of paternity shall by operation of law constitute a […]