Legal Opinion

State ex rel. Department of Social Services v. Howard

Louisiana Court of Appeal

Decided December 30, 2004No. 2003 CW 2865PublishedCited by 5 opinions

1Opinion of the Court

I j>McCLENDON, J.

The salient issue raised on appeal in this action to establish paternity is whether the State of Louisiana, through the Department of Social Services Office of Family Support, Support Enforcement Services (hereinafter “the State”) can require an alleged biological father to undergo paternity testing when the mother of the child was married to another man at the time of the child’s birth. For the following rea*444sons, we vacate the judgment of the trial court.

On July 12, 2002, the State filed a petition to establish paternity against McErvin Howard. In its petition, the State…

2Cases cited4 opinions

  1. Warren v. RichardSupreme Court of Louisiana · 1974
  2. Smith v. ColeSupreme Court of Louisiana · 1989
  3. CITGO v. State Ex Rel. Dept. of Rev.Louisiana Court of Appeal · 2003
  4. Trahan v. PRUDENTIAL PRO. & CAS. INS.Louisiana Court of Appeal · 1999

3Cited by5 opinions

  1. Wooley v. AMCARE HEALTH PLANS OF LOUISIANALouisiana Court of Appeal · 2006
  2. State of Louisiana, Department of Children and Family Services, in the Interest of A.L. v. Thomas Robert LowrieSupreme Court of Louisiana · 2015
  3. State ex rel. J.C.Louisiana Court of Appeal · 2016
  4. In the Interest of J.D.Louisiana Court of Appeal · 2016
  5. State ex rel. of B.R.C.Louisiana Court of Appeal · 2016

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