(a)Commencement of action. – A paternity action shall be instituted by filing and serving a petition in the manner provided by these rules. If the action was not instituted by the child support enforcement agency, within five days of filing the circuit clerk shall send a copy of the case information statement to the local child support enforcement office. (b)Case management conference/hearing. – Upon receipt of the petitioner’s case information statement the court shall set a case management conference/hearing for a date certain. If paternity is not admitted prior to or during the case management conference/hearing, the court shall order the parties and the subject child to undergo genetic blood testing within a stated time period. Within three days of the conclusion of the case management conference/hearing the court shall enter a scheduling order setting a final paternity hearing for a date certain. (c)Denial of paternity in specified cases. – In cases in which there is no paternity affidavit on record acknowledging the respondent’s paternity of the child or in which the child was not conceived or born during the parties’ marriage, if there is a denial of paternity in the responsive pleading, an order requiring the parties to submit to genetic blood testing shall be entered. In such cases, any hearing set pursuant to these rules may be continued until genetic blood test results are available. Within five days of the filing with the clerk of the genetic blood testing results an order shall be entered setting the case for a date certain. (d)Actions required by respondent. – If genetic blood tests do not exclude the respondent, or if the respondent admits paternity, the respondent shall provide a completed financial statement for all years subsequent to the birth of the child, up to a maximum of three years preceding the filing of the paternity petition; and shall provide the information required by Rule 12(a)(1)-(3). Financial statements and other required information shall be filed with the circuit clerk and sent to all parties no later than 14 days before the final hearing. If the respondent fails to provide or timely provide the required information the court may impose the sanctions provided by Rule 13(b). (e)Paternity established by default. – If the respondent has been properly served and has failed to appear, answer, or otherwise defend within the time required, paternity shall be established by default. (f)Appointment of guardian ad litem. – A guardian ad litem shall be appointed for the child if paternity is contested, and:
(1) there is a paternity affidavit on record acknowledging the respondent’s paternity of the child; or (2) the child was conceived or born during the parties’ marriage. (g)Parent education required. – If a determination of paternity is made, each parent or custodian shall be ordered to complete parent education by a date certain and file a certificate of completion with the circuit clerk.
W. Va. R. Prac. & P. Fam. Ct. 49
Amended by order adopted November 27, 2001, effective January 1, 2002 and by order entered and effective December 1, 2005.
