Ask Judge Smith – Reasonable People and Magic 8 Ball

Q. Judge Smith, how is paternity established?

A. Your question reminds me of a children’s book about a baby bird that hatches its egg in an empty nest. He then goes searching for his mother. Typically, knowing our mothers doesn’t involve much detective work for birds or humans. Instead, paternity actions aim to identify children’s biological fathers and assure their financial support. Also, to establish parental rights.

Absentee parents should provide for their children, be they, mothers or fathers. Courts order parents who can pay child support to pay their fair share. Courts may also require them to pay back support to the custodial parents and reimburse the state for welfare benefits.

Paternity can be established by admissions or by lawsuits. Pregnant women, women with children, and men who believe themselves to be fathers can file suit to determine paternity. If contested, paternity actions involve DNA testing.

The law favors legitimacy. When a married woman gives birth, her husband is presumed to be the newborn child’s father. When a man admits to paternity on a newborn baby’s birth certificate, he is the presumed father.

Q. Judge Smith, historically, civil courts have applied “the reasonable man” standard. Why not the “reasonable woman” standard? Is a “reasonable man” as reasonable as a “reasonable woman?”

A. Based on my instinct for self-preservation, I will duck that question! Instead, I asked my favorite, budget-friendly expert witness, the Magic 8 Ball. Being all-knowing, the Magic 8 Ball gave these three answers 1) don’t count on it, 2) better not tell you now, and 3) without a doubt. Take your pick!

The “reasonable man” standard is outdated. I refer to the “reasonable person” standard when I instruct juries. This standard calls for jurors to objectively evaluate a party’s conduct and compare it with what a prudent person would have done under the same circumstances.

The Honorable J. Layne Smith is a Circuit Judge, bestselling author, and public speaker.

Send questions to askjudgesmith@gmail.com

Q. Judge Smith, what was your approach to being a juvenile judge?

A. The focus of the juvenile courts and social services is not to punish wrongdoers. State agencies, doctors, and lawyers work with me to diagnose problems and provide services to help children and their families. The law encourages those involved to be proactive, which sometimes calls for discipline. The job also called for empathy, compassion, and fairness to the victims. I spoke candidly to the children and their families about the court’s expectations.

The Honorable J. Layne Smith is a Circuit Judge, bestselling author, and public speaker. - Send questions to askjudgesmith@gmail.com

Ask Judge Smith – Reasonable People and Magic 8 Ball

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Ask Judge Smith – Reasonable People and Magic 8 Ball

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Gadsden County Times – Legals – 3/2

Guest Column – ‘Universal School of Choice’ or Forced Segregation?: Why Inclusion Matters

Guest Column - ‘Universal School of Choice’ or Forced Segregation?: Why Inclusion Matters

Recommended

Challenges to 6-member juries rejected

Man killed in New Year’s Eve shooting

Popular News

Newsletter

Category

Site Links

About Us

Welcome Back!

Create New Account!

Retrieve your password

Are you sure want to unlock this post?

Are you sure want to cancel subscription?