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DEPT. OF SOCIAL SERVICES v. HOWARD

No. 2003 CW 2865.

898 So.2d 443 (2004)

STATE of Louisiana through the DEPARTMENT OF SOCIAL SERVICES, Office of Family Support, Support Enforcement Services in the Interest of Cedric W. Williams, Minor Child of Tracy Williams v. McErvin HOWARD, a/k/a Mac Howard.

Court of Appeal of Louisiana, First Circuit.

December 30, 2004.

Attorney(s) appearing for the Case

Parris A. Taylor, Baton Rouge, Counsel for Plaintiff/Appellant State of Louisiana.

Robin Nesbitt, Baton Rouge, Counsel for Defendant/Appellee McErvin Howard.

Before: GUIDRY, GAIDRY, and McCLENDON, JJ.

McCLENDON, J.

The salient issue raised on appeal in this action to establish paternity is whether the State of Louisiana, through the Department of Social Services Office of Family Support, Support Enforcement Services (hereinafter "the State") can require an alleged biological father to undergo paternity testing when the mother of the child was married to another man at the time of the child's birth. For the following reasons,

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