Title
A LEGISLATIVE ACT AMENDING TITLE 10 OF THE CHEROKEE NATION CODE ANNOTATED - PATERNITY; AMENDING CHAPTER 3 PATERNITY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be codified as Title 10, Chapter 3, Paternity.
Section 2. Purpose
The purpose of this legislative act is to repeal Section 102 as inconsistent with the provision for child support contained in Title 10 and Title 43; amend Section 104, 105, and 112 to change the name of the Office of Child Support Enforcement to the Office of Child Support Services; amend Section 104(D) to make the decision to enter an order of child support after a determination of paternity discretionary by the court; amend Section 105 for jurisdictional and practical changes.
Section 3. Legislative History
Source. LA 11-05, effective March 21, 2005.
Amended. LA 30-06, effective December 20, 2006.
Amended. LA 20-07, effective April 23, 2007.
Section 4. Substantive Provisions of Law
§ 102. Support and Education.
The parent entitled to the custody of a child must give him support and education suitable to his circumstances. If the support and education which the parent having custody is able to give are inadequate, the other parent must assist to the extent of his or her ability.
§ 104 Natural Mother of Child -Establishment of Paternity.
A. Except as otherwise provided by law, a woman who gives birth to a child is the natural mother of the child.
B. Paternity may be established by:
1. Completion of the Affidavit Acknowledging Paternity, provided by the Division of Child Support Enforcement Services, by the father and mother. A statement acknowledging paternity shall have the same legal effect as an order of paternity entered in a court or administrative proceeding.
a. The statement may be rescinded by the mother or acknowledging father within the earlier of:
(1) sixty (60) days after the statement is signed by making a motion to the district court requesting a...
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