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38-1125. Counsel for parties; free transcript for indigent on appeal.

38-1125

Chapter 38.--MINORS
Article 11.--DETERMINATION OF PARENTAGE

      38-1125.   Counsel for parties; free transcript forindigent onappeal.(a) If the petitioner is not represented by counsel, thepetitioner in an action to determine paternitymay apply for services from: (1)The court trustee of the judicial district in which the action is brought,if the office of court trustee has been established in the county; or (2)thedepartment of social and rehabilitation services or its contractor, if theaction is brought pursuant to part D of title IV of the federal socialsecurity act (42 USC § 651 et seq.), as amended. At therequest of a petitioner in an action to determine paternity, the countyor district attorney of the county in which the action is broughtshall proceed on the petitioner's behalf if the petitioner is not representedby counsel, theaction is not brought pursuant to part D of title IV of the federal socialsecurity act (42 USC §651 et seq.), as amended, and there is no courttrustee in the county.

      (b)   The court shall appoint a guardian ad litem to representthe minor child if the court finds that the interests of the child and theinterests of the petitioner differ. In any other case, the court mayappoint such a guardian ad litem.

      (c)   The court shall appoint counsel for any other party to the action who isfinancially unable to obtain counsel.

      (d)   If a party is financially unable to pay the costs of a transcript,the court shall furnish on request a transcript for purposes of appeal.

      History:   L. 1985, ch. 114, § 16; L. 1986, ch. 157, § 2;L. 1994, ch. 292, § 11; July 1.

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