State v. Custodio

We hold that, pursuant to Hawaii Revised Statutes (HRS) chapter 576D (1993), relating to child support enforcement, Petitioner-Appellee Child Support Enforcement Agency (CSEA) may bring an action to establish the paternity of a child when the childs custodial parent has applied to CSEA for assistance in obtaining an order of support for the child, and when a paternity action is necessary for CSEA to obtain such an order. HRS §§ 576D-3(b)(3) (Supp. 1997) and -4 (1993). We further hold that the phrase "born out of wedlock," as used in HRS § 576D-3(b), refers to a child "whose parents are not, and have not been, married to each other regardless of marital status of either parent with respect to another." Blacks Law Dictionary 184 (6th ed. 1990). Accordingly, we conclude that CSEA properly commenced a paternity action alleging that Defendant-Appellant John Doe (Appellant) was the natural father of the male child (Child) born on June 14, 1996 to Defendant Jane Roe (Mother) while she was married to Defendant John Roe (Roe).