In the news:

The Family Magistrate system is about to undergo some new changes. Governor Daniel Malloy will replace 4 existing Magistrates (3 Republican and 1 Democrat) with 4 Democrat appointees. Outgoing will be Magistrates Christopher Oliviera, Linda Wihbey, Richard Adams and Harris Lifshitz (retiring to assume part-time referee status).

Family Magistrates hear family cases involving child support and paternity.

Read: Malloy Replaces Controversial Family Magistrate Oliveira

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

copyright 2011 Irene C. Olszewski

How NOT to Establish Paternity

A few years ago, I was appointed as GAL of the minor child in a paternity case.  The mother and her boyfriend were both present in court.  Both parties informed me that the boyfriend wished to be named as the father of their child and that they had initiated the court proceeding in order to do so.  The Assistant Attorney General (AAG) and I were pleased that this would be a fairly easy matter.

When the clerk called our case, the AAG began asking the customary questions of the mother in an effort to establish paternity:

AAG:  What is the birthdate of your child?

Mother:  October 16th.

AAG:  And was this a full-term pregnancy?

Mother:  Yes.

AAG:  Did you have sexual intercourse with Mr. X on or around January 16th, the time of conception?

Mother: No.

AAG:  You had sexual intercourse with Mr. X some time in January and then you found out you were pregnant, right?

Mother:  No.

AAG:  I think you’re confused.  You said you had a full-term pregnancy.  That’s nine months, right?

Mother:  Yes, that’s right.

AAG:  So you would have conceived the child — become pregnant — in January, correct?

Mother:  Yes, I got pregnant in January.

AAG:  Okay, so you are asking this court to establish paternity in this matter.  That means you are asking this court to recognize Mr. X as the father of your child, is that right?

Mother:  Yes, that’s why we came here.

AAG:  So I need you to answer this question for me, okay?

Mother:  Okay, sure.

AAG:  Did you have sexual intercourse with Mr. X some time in January that resulted in you being pregnant with this child?

Mother:  No, I did not.

At this point, the AAG was totally frustrated.  She gestured to me that it was my turn to try to elicit testimony from the mother.

Me:  Ms. Y, when you and I spoke earlier this morning, you told me that Mr. X is the father of your child, is that correct?

Mother:  Yes, that’s what I said.

Me:  So if Mr. X is the father of your child, that means that you had sexual intercourse with him in order to conceive your baby, is that correct?

Mother:  No, that’s not true.

Me:  It’s not true that you had sexual intercourse with Mr. X?

Mother:  No, I never had sex with that man.

Me:  Well, if you never had sexual intercourse with Mr. X, why did you tell me that he is the father of your child?

Mother:  Because he wants to be.

How TO Establish Paternity if You are Unmarried

It’s fairly obvious from the previous story that if you want to name someone as the father of your child — and you are NOT married to that man, that guy ought to actually be a likely candidate for the job.  You will have to be able to truthfully answer in the affirmative when asked if you had intercourse with the man you are naming that resulted in the conception of your child.  Um, that means the two of you must have actually had sex.

That said, it is not enough to simply list the man’s name on your child’s birth certificate.  It may look pretty on the paper but it’s not enough to establish paternity.  If you wish to voluntarily establish paternity, the mother must complete an Acknowledgment of Paternity form (VS-56) which the father must also voluntarily sign.  This indicates that both parents agree that they are the child’s parents. The form must be filed with the Department of Public Health’s Paternity Registry and forwarded to the Superior Court clerk where the acknowledgment of paternity then becomes a court order.

If the father does not voluntarily sign an Acknowledgment of Paternity form, you will have to ask a judge to conduct a hearing to establish paternity. If you are the father and you were not given the option to voluntarily sign the form, you also have to ask for a court hearing.

In some instances, one or both parties may be unsure if the man being named is actually the biological father of the child. In such cases, a genetic test can be requested to determine paternity.

Establishing paternity is important. Be sure it’s done properly.

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

copyright 2011 Irene C. Olszewski

On the day in question, I was serving as a court-appointed GAL (Guardian Ad Litem) for the minor child in a paternity case. The alleged father had recently been released from prison and the State was brining a paternity action as a precursor to a child support action.

In such cases, the Assistant Attorney General (AAG, for short) generally asks the mother a series of personal – but necessary – questions that may help to establish paternity. Rather than put the mother on the witness stand, the magistrate allowed the AAG to question her while she (the mother) remained standing at the counsel table. I stood to the mother’s left, facing the magistrate. I was literally standing right in front of him. Well, I was about 5 feet away from the bench, but I was standing directly in his line of vision. The AAG stood to the mother’s right and consulted her notes. The court clerk, a court reporter, and two marshals were facing us from the front left side of the courtroom. The courtroom was packed, quiet and extremely bored.

As you read the following exchange, keep in mind that 1) I was intent on maintaining professional decorum at all costs; 2) I was in full view of a magistrate the entire time and therefore could NOT laugh for any reason; and 3) The clerk, court reporter and both marshals were laughing hysterically almost the entire time. Sound like fun? Read on.

AAG to the mother: Okay, Miss Y, I have to ask you some very personal questions now. Do you understand?

Mother: Yes.

AAG: Okay. Miss Y, did you have intercourse with Mr. X around the time you became pregnant?

Mother: Yes.

AAG: Were you having intercourse with any other man around the time you became pregnant?

Mother: What? No, just him.

AAG: Did you give birth to the child on or about April 1, 2006?

Mother: Yeah, that’s my kid’s birthday.

AAG: So, is it safe to say that you became pregnant sometime around July 1st of 2005?

Mother: No.

AAG: No? Well, did you find out you were pregnant sometime in July or maybe August?

Mother: No, I had the baby on April 1st.

AAG: I understand that. I’m trying to determine when you became pregnant.

Mother: Ok.

AAG: So if you had the baby on April 1, 2006, is it reasonable to say that you would have become pregnant sometime in July of 2005, right?

Mother: No.

AAG: No? Okay, so if you had the baby on … here, look at this calendar …

Mother: Ok, I will.

AAG: Counting backwards … see … April, March, February, January, December, November, October, September, August, July. That’s 9 months, right?

Mother: I guess so.

AAG: You guess so?

Mother: Well, you counted. I was just watching.

AAG: Okay, well, let’s look at the calendar again.

[At this point, the AAG points to each month starting with April and counts out loud backward to July while the mother nods.]

AAG: So you must have gotten pregnant sometime in July then?

Mother: No.

AAG: Okay, well, did you deliver the baby prematurely then?

Mother: No, Ma’am, he was full term. 10 pounds.

AAG: Full term, I see. So then wouldn’t you have become pregnant in July of 2005? 9 months before the baby’s birth?

Mother: No.

AAG: No?

[The AAG is ready to tear her hair out at this point. The rest of the courtroom is listening intently, waiting to see what she’ll ask next. Me included. She removes her reading glasses and looks the mother right in the eye.]

AAG: [Long exasperated sigh]

AAG: Okay, Miss Y. Can you please tell me when you become pregnant?

Mother: Before I had the baby.

Author’s Note: You just can’t make this stuff up!