Georgia Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury

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If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.

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FAQ

Paragraph XVI. Self-incrimination. No person shall be compelled to give testimony tending in any manner to be self-incriminating.

The Georgia Bill of Rights consists of forty paragraphs, which constitute Article I of the Constitution of 1983. Twenty-eight paragraphs enumerate individual rights, nine deal with the origins of government, and three are devoted to ?general provisions.?

Rule 9. The Court may issue supersedeas or other orders whenever deemed necessary. Service of motions for supersedeas shall be made on the opposing party or attorney before filing and so certified. A copy of the order being appealed and a copy of the Notice of Appeal must be included with the motion.

Judicial power of the state. The judicial power of the state shall be vested exclusively in the following classes of courts: magistrate courts, probate courts, juvenile courts, state courts, superior courts, Court of Appeals, and Supreme Court.

The bill of rights is found in Article I of the Georgia Constitution. A bill of rights enumerates certain individual liberties and protects those liberties from governmental intrusion, unless there is a sufficiently compelling justification for government action.

The Preamble to the Georgia State Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution is meant to serve. It expresses in general terms the intentions of its authors and is sometimes referred by the courts.

Paternity: Under Georgia law, paternity establishes the biological condition of being a father but does not establish the legal relationship of the father/child. Superior and state courts have concurrent jurisdiction in paternity proceedings. O.C.G.A. §19-7-40(a).

These rights include custody, visitation, making decisions for the child, accessing the child's medical history, and leaving an inheritance to the child. Without legitimation, only the mom (and the legally presumed father, if any) will have these parental rights.

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Georgia Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury