paternity claim in Louisiana

2004As noted by Louisiana Supreme Court in Succession of Robinson, 94-2229, p. 4 (La.5/22/95), 654 So.2d 682, 684 , "[a]bsent a biological relationship, the avowal is null. `A fact cannot be avowed when it has never existed.' If the acknowledgment is null, it produces no effects." (Citations omitted).

2004As noted by Louisiana Supreme Court in Succession of Robinson, 94-2229, p. 4 (La.5/22/95), 654 So.2d 682, 684 , “[ajbsent a biological relationship, the avowal is null. ‘A fact cannot be avowed when it has never existed.’ If the acknowledgment is null, it produces no effects.” (Citations omitted).

1991Appellant further argues that defendant's request for a paternity test was not timely as it was made after the 180-day peremptive period proscribed for a disavowal of paternity in La.C.C. art. 189, citing Farrell v. Farrell, 555 So.2d 39 (La.

1991Appellant further argues that defendant's request for a paternity test was not timely as it was made after the 180 day peremptive period proscribed for a disavowal of paternity in La.C.C. art. 189, citing Farrell v. Farrell, 555 So.2d 39 (La.

2018In Reeder v. North,5 97-0239 (La. 10/21/97), 701 So.2d 1291, 1299-1300 , relying on Vallo v. Gayle Oil Co., Inc., 94-1238 (La. 11/30/94), 646 So.2d 859, 864-865 , the Louisiana Supreme Court reiterated the long-standing jurisprudential rule of law: 4 The trial court’s June 27, 2017 judgment further overruled the exception of no right of action and the exception of no cause of action as to the paternity claim but sustained the exception of no cause of action as to the custody claim.

2018In Reeder v. North,5 97-0239 (La. 10/21/97), 701 So.2d 1291, 1299-1300 , relying on Vallo v. Gayle Oil Co., Inc., 94-1238 (La. 11/30/94), 646 So.2d 859, 864-865 , the Louisiana Supreme Court reiterated the long-standing jurisprudential rule of law: 4 The trial court’s June 27, 2017 judgment further overruled the exception of no right of action and the exception of no cause of action as to the paternity claim but sustained the exception of no cause of action as to the custody claim.

2016Department of Social Services, 898 So.2d at 443 , the issue was whether the State can require an alleged biological father to take a paternity test when the mother of the child was married to another man at the time of the child’s birth.

2016Id.

2008Rao v. Rao, XXXX-XXXX, p. 6 (La.App. 1 Cir. 11/4/05), 927 So.2d 356, 360 , writ denied, 2005-2453 (La.3/24/06), 925 So.2d 1232 . [37] According to Ms. Ghassemi, the sole purpose of her request for a paternity test was to use the results to attack the credibility of Mr. Ghassemi, who had denied paternity.

2008Rao v. Rao, XXXX-XXXX, p. 6 (La.App. 1 Cir. 11/4/05), 927 So.2d 356, 360 , writ denied, 2005-2453 (La.3/24/06), 925 So.2d 1232 . [37] According to Ms. Ghassemi, the sole purpose of her request for a paternity test was to use the results to attack the credibility of Mr. Ghassemi, who had denied paternity.

1999Mills, 456 U.S. at 101 , 102 S.Ct. at 1555 ; Pickett, 462 U.S. at 13 , 103 S.Ct. at 2207 .

1999Mills, 456 U.S. at 101 , 102 S.Ct. at 1555 ; Pickett, 462 U.S. at 13 , 103 S.Ct. at 2207 .

1999Mills, 456 U.S. at 101 , 102 S.Ct. at 1555 ; Pickett, 462 U.S. at 13 , 103 S.Ct. at 2207 .

1999Mills, 456 U.S. at 101 , 102 S.Ct. at 1555 ; Pickett, 462 U.S. at 13 , 103 S.Ct. at 2207 .

1992See: Guillory v. Fuselier, supra. However, where there is other corroborating evidence of paternity, in addition to a high paternity index, paternity has been found.

1985The legislature intended a different type of burden, that the husband could only rebut the paternity presumption by proof by a preponderance of the evidence of facts which indicate that he is not the father of the child." id. at 1066 .

1984See IMC Exploration Company and the Petroleum Corporation of Delaware v. Foster Henderson, 419 So.2d 490 (La.App. 2nd Cir.1982), writ denied, 423 So.2d 1149 , 1150 (La.1982), reconsideration denied, 427 So.2d 866 (La.1983), which outlines the sufficient basis to determine the paternity claim by a preponderance of the evidence. "` Preponderance of the evidence' clearly means `evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.' Braud v.