In the Interest of Martinez
In the Interest of Martinez
Opinion of the Court
In re Brown, Robin; — Other(s); Applying for Writ of Certiorari and/or Review, Supervisory and/or Remedial Writs; to the Court of Appeal, First Circuit, Number CW88 1356; Parish of East Baton Rouge Family Court Parish of East Baton Rouge Number 82,344 C.
Granted. No statute has been declared unconstitutional. Case transferred to the
Concurring Opinion
concurs in the transfer and assigns the following reasons.
The trial court relied heavily on State v. Rowell
Dept, of Social Services v. Thomas J.S., 100 A.D.2d 119, 474 N.Y.S.2d 322 (1984), held a similar law to be valid and noted that paternity statutes date back to the Elizabethan Poor Law of 1576. Courts have always recognized a strong public interest in assuring support of children by their parents rather than the community or state.
The trial court’s reasons for judgment stress the financial responsibilities accompanying fatherhood and the putative father’s property interests. The trial court erred in placing the alleged father’s property interests above the state’s interest in securing support for minor children.
. 517 So.2d 799 (La. 1988).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.