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McConnell v. Berkheimer

Order granting defendant's request for blood testing for paternal support vacated because paternity by estoppel had been established through defendant's acknowledgement of paternity, which he did not rescind, his failure to challenge paternity at a support conference, and his signing the stipulated support order entered after the conference.

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OPINION

� 1 This is an appeal from an order granting Appellee’s request for blood testing in an action for paternal support. *fn1 For the reasons set forth below, we vacate.

� 2 Appellant is the mother of a son who was born on June 13, 1999. At the time of the child’s birth, Appellant lived with Appellee, the putative father. Mother and Appellee never married. Mother informed Appellee before the birth of her baby that she did not believe he was the child’s biological father. However, Appellee insisted that there was a “possibility” that he might be David’s biological father. At the hearing conducted in this matter, Mother testified, “I advised [Appellee that he was not the father] before he ever even went out with me; went with me because I was seeing him prior to that, then I wasn’t seeing him any more, and then after I found out I was pregnant, I started seeing him again.” N.T., 10/2/00, at 2. Moreover, Mother unequivocally and repeatedly stated at the hearing that she was always truthful with Appellee, and she never tried to convince him that he was the boy’s biological father because she knew this was not true.

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