| | |
proceedings, however, lead to the conclusion that mandating closure | | of the proceedings is no longer appropriate. |
|
| | | The court shall issue an order adjudicating the parentage of a | | person who: |
|
| | | 1.__In default.__After service of process, is in default; and |
|
| | | 2.__Found to be parent.__Is found by the court to be the | | parent of a child. |
|
| | | (This is section 634 of the UPA.) |
|
| | | Source: 42 U.S.C. § 666(a)(5)(H), see Appendix: Federal IV-D | | Statute Relating to Parentage, infra. |
|
| | | This section is gender neutral consistent with other Maine | | amendments to the UPA. |
|
| | | §1955.__Dismissal for want of prosecution |
|
| | | The court may issue an order dismissing a proceeding commenced | | under this chapter for want of prosecution only without | | prejudice. An order of dismissal for want of prosecution | | purportedly with prejudice is void and has only the effect of a | | dismissal without prejudice. |
|
| | | (This is section 635 of the UPA.) |
|
| | | A major principle of the new UPA--and its predecessor--is that | | the child's right to have a determination of paternity is | | fundamental. This new section confirms this right by declaring | | that the delinquency of another person in prosecuting such a | | proceeding, e.g., the mother or a support enforcement agency, may | | not permanently preclude the ultimate resolution of a parentage | | determination. |
|
| | | §1956.__Order adjudicating parentage |
|
| | | 1.__Order.__ The court shall issue an order adjudicating | | whether a person alleged or claiming to be the parent is the | | parent of the child. |
|
|
