SUPERIOR Court Associate Judge Teresa Kim-Tenorio has ruled that a respondent in a divorce proceeding is the natural father of a minor child.
She said the court “shall order a coincident Decree of Paternity so that respondent may amend the minor child’s birth certificate and other records without impediment.”
The judge set a hearing for June 6, 2022, at 9 a.m., to determine child custody and support of the minor child.
On Oct. 14, 2020, the petitioner filed a complaint for divorce and stated that she and her then-husband had no minor children.
On Nov. 20, 2020, the respondent filed an answer to the complaint stating that there was a minor child. He also asked the court for custody of the child.
Neither party was represented by attorneys.
The parties were married on Dec. 16, 2013, and separated on March 17, 2021.
On June 7, 2021, the court issued a decree of divorce, citing irreconcilable differences.
Upon further review of the record and applicable law, the court discovered that a minor child was born during the parties’ marriage, although the child was conceived before the marriage.
From the testimony of the respondent, the court learned that the minor child was born on June 28, 2014, during the parties’ marriage, although the respondent’s name was absent on the minor child’s birth certificate.
“The only remaining issue before the court was whether the marital presumption of paternity survived when the child was conceived before the marriage,” the judge said.
Under CNMI law, the judge added, “a man is presumed to be the natural father of a child if he and the child’s natural mother were married to each other and the child was born during the marriage.”
The judge said, “The marital presumption of paternity only factors the child’s time of birth and not his time of conception.”
