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Tregoning v. Wiltschek

Order requiring defendant to submit to a blood test for purpose of determining paternity reversed because plaintiff was estopped from denying that defendant was the father of the child in question; evidence established that plaintiff previously accepted defendant's holding himself out as the father of the child when it suited plaintiff's purposes.

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OPINION

� 1 This is an interlocutory appeal from the lower court’s order requiring appellant, Walter Wiltschek, to submit to a blood test for the purpose of determining paternity. Because we find that appellee, Karen A. Tregoning, is estopped from denying the paternity of Mr. Wiltschek, we reverse.

� 2 The dispute between the parties relates to Jazmin Wiltschek, born on January 31, 1995, to her natural mother, defendant below Monica del Carmen Gomez Perez, in Santiago, Chile. *fn1 Appellant was named as the father on the birth certificate. Also on January 31, 1995, appellant and Ms. Gomez Perez purported to marry one another, despite appellant’s being married to appellee at the time. Two weeks later, appellant and the natural mother took Jazmin from Chile to Toronto, Canada, where appellee awaited their arrival. (At that time, appellee had in her custody a child the parties sought to adopt, but was later returned to the child’s birth mother in York County pursuant to court order.) Ms. Gomez Perez returned to Chile where she has remained. Although Walter and Karen had become divorced, they lived together as a family unit with Jazmin in Europe for the next two years and then returned to the United States in April, 1997. They parted company later in 1997. In early 1998, Karen married Maurice Tregoning, and she and Jazmin took up residence with him and his two adolescent children. Walter frequently traveled internationally for extended periods of time on business. During the years 1998, 1999, and 2000, he maintained contact with Jazmin and exercised custody over her one night per week during those times he was in the United States.

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