Jermaine Benning – A Paternity Court Update
Jermaine Benning is the father of two children. Currently, he resides in a group home but has been ordered by the court to pay child support to his son’s mother.
The father is seeking to establish the paternity of his son through DNA testing, and also requests that the child’s name be changed to reflect his surname.
He filed a motion to intervene in the case, contending that the circuit court erred by dismissing his petition and failing to change the child’s surname to his.
On April 9, 1993, the circuit court ordered a hearing on this matter. Both parties were present and the judge heard testimony from witnesses. Following the hearing, however, the court ruled in favor of the natural mother and against Tyrone G, invalidating his enrolled paternity judgment.
At the hearing, the court heard testimony from both the mother and child’s aunts and uncle. These relatives claimed they had been in contact with a man who claimed to be the child’s biological father; however, they pointed out that this individual was an adult at birth and not married.
Additionally, his aunt and uncle testified that he had been a gang member who reformed and became clean. Additionally, they noted that he hadn’t had contact with the mother during the child’s life.
Furthermore, the aunt and uncle testified that a DNA test taken was inaccurate. Re-tested results revealed that the man was not the biological father of the child, nor were they indicative of being part of any gang or using drugs.
Though evidence indicates the defendant is not the biological father of the child, he has reasonable cause to request genetic testing. He has long held a belief in paternity and has been seeking testing since before birth. Additionally, he has been informed about the process and received trainings regarding DNA tests.
When reviewing DNA testing results, courts take into account a variety of factors. These include:
If a person is determined to be the father, they may receive custody, visitation rights and child support from the mother of the child; however, those same rights cannot be extended if he has been declared unfit by a court.
According to the law, if a man’s status as a father is determined to be unfit, he may not be granted custody of the child. He could instead be required to pay child support or have temporary guardianship over them.
Therefore, courts must assess all evidence to decide if a father is fit. This may involve considering the history of their relationship, health and well-being of each parent, ability to provide for child needs, as well as potential future connections between both parties.