Section 28.13 Right to Counsel

• Library: Family Law Deskbook and 2014 Supp

G. (§28.13) Right to Counsel

A due process issue in parentage actions that has caused courts great difficulty is the indigent defendant’s right to counsel when the paternity action is brought by the state to recoup welfare benefits paid to the mother. Various states addressing this issue have reached various results. Some state courts have found that the right to counsel exists because the action is brought by the state and because nonsupport after determination of paternity could result in incarceration. See:

Reynolds v. Kimmons, 569 P.2d 799 (Alaska 1977)

Hepfel v. Bashaw, 279 N.W.2d 341 (Minn. 1976)

Salas v. Cortez, 593 P.2d 226 (Cal. 1979)

On the other hand, because a paternity action is basically civil in nature, a...