Current through 2024-44, October 30, 2024
Section 144-351-9-6 - FILING A RECORD OF A PATERNITY PROCEEDING IN A COURTA. After the Division serves a Notice of Paternity Proceeding, it may, unless paternity has been acknowledged pursuant to Section 9.4, above, file a record of the proceeding in a court as a paternity proceeding if an alleged father: 1. Does not file a written denial of paternity with the Division within 20 days after service of the notice;2. Does not deliver an acknowledgment of paternity to the Division that has been executed in accordance with the laws of the state in which the child(ren) was (were) born within 15 days after the mailing to him of genetic test results that show he is or may be the father of the child(ren); or3. Refuses to submit to genetic testing.B. If the Division files a record of a proceeding under Section 6(A)(1), above, an alleged father is not entitled to Notice of the filing and may not assert legal defenses after the filing. A filing under 9.6(A)(1) is a filing under the Maine Rules of Civil Procedure, Rule 3, which entitles the mother, or the Department or other payor of public assistance, to a default judgment against the alleged father in his absence for his failure to file a written denial of paternity in accordance with Section 3, above.C. If the Division files a record of a proceeding in a court under Section 6(A)(2) or 6(A)(3), an alleged father is not required to file an additional denial of paternity and may assert any defense, in law or fact, within 25 days after the mailing to him by ordinary mail of a notice that a record of the proceeding has been filed in a court as a paternity proceeding.10- 144 C.M.R. ch. 351, § 9-6