PROCESS FLOW CHART 1

Paternity has not been previously

established and FRC seeks
FRC sends petition to
NCP domiciliary State
l IV-D agency serves the NCP as
required by State law to obtain
paternity to be established in the
IV-D agency. personal jurisdiction over NCP.
U.S.

IV-D agency may seek entry of

Did the NCP respond NCP denies paternity
a default order but must file an
after being served and/or requests
affidavit of military status.
with the paternity genetic testing to
Tribunal must appoint an
confirm paternity.
attorney to represent the NO petition?5 YES
servicemember’s interests NCP requests
under the Servicemembers a stay (minimum
Civil Relief Act (SCRA). 2 of 90 days).6
NCP admits
Attorney contacts service-
paternity.
member. Counsel requests or
court on own motion stays The IV-D agency
proceedings for minimum of (or tribunal) orders
90 days if it makes and coordinates
appropriate finding.3 IV-D agency may proceed Waive SCRA and genetic testing.
to request a default order; execute voluntary
however, default order may acknowledgment or
Is the attorney able to provide NO be challenged in the future. obtain a consent
notice of the action of filing to (Counsel may request order from the Stay is granted.
the servicemember and advise additional stay.) appropriate tribunal.7
servicemember of his rights
under the SCRA?

YES

Submit case to the tribunal for

After stay, proceed with case with adjudication9 that will either establish
servicemember participating in person, via paternity or determine that the After stay period
teleconference or through attorney or person servicemember is not the legal ends, proceed
granted power of attorney by service-member. father.10 with case.8
(Additional stay may be requested.) 4

January 2008