§1609. Failure of alleged father to deny paternity
1. Filing of record of proceeding in court. If the alleged father fails to file a written denial of paternity with the department within 20 days after service of notice upon him, the department's attorney may file the record of the proceeding in a court as a paternity action. The filing of the record, along with proof of service pursuant to section 1604, constitutes a filing under the Maine Rules of Civil Procedure, Rule 3(1) and further service is not required.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
2. Failure to file written denial constitutes default. The alleged father's failure to file a written denial with the department constitutes a default under the Maine Rules of Civil Procedure, Rule 55(a). The department shall forward to the alleged father by ordinary mail a copy of any request for a default judgment. The mailing of the request to the alleged father's last known address constitutes adequate notice of the default proceeding and further notice is not required.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
Structure Maine Revised Statutes
TITLE 19-A: DOMESTIC RELATIONS
Subchapter 2: EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS
19-A §1602. Additional persons subject to jurisdiction
19-A §1603. Limitation on recovery from father
19-A §1605. Notice of proceeding to commence an action
19-A §1606. Court orders; relief
19-A §1607. Applicability; Maine Rules of Civil Procedure, Rule 5(b)
19-A §1608. Multiple alleged fathers
19-A §1609. Failure of alleged father to deny paternity
19-A §1610. Blood or tissue-typing tests
19-A §1611. Refusal of alleged father to submit to blood or tissue-typing tests
19-A §1612. Procedures after blood or tissue-typing tests
19-A §1613. Applicability; Maine Rules of Civil Procedure, Rule 12(b)
19-A §1614. Acknowledgment of paternity