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Williamson v. Williamson

The law favors legitimacy and the mother failed to make a threshold showing that delegitimation was in her child's best interest.

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This is an interlocutory appeal from the trial court’s denial of a mother’s motion to compel paternity testing of her child’s legal father. For the reasons that follow, we affirm the judgment of the trial court. Cynthia and Clinton Williamson married in 1996. Cynthia Williamson bore a child in January 2004, while the couple was still married. In November 2005, the Williamsons separated and, in May 2006, Cynthia Williamson filed for divorce. In her complaint, she alleged that Clinton Williamson might not be the child’s biological father, and requested that the court order DNA testing to resolve the issue. Clinton Williamson opposed paternity testing.

The court held a hearing and, in July 2006, entered a temporary order providing that the parents would have joint legal custody of “the minor child of the parties,” that Cynthia Williamson would have primary physical custody of the child, and that Clinton Williamson would pay child support to Cynthia Williamson. The same day the court signed the temporary order, Cynthia Williamson’s attorney forwarded to Clinton Williamson’s attorney a letter purportedly confirming that the parties agreed that “there is no longer an issue as to the paternity of their minor child,” and there would be no paternity testing in the case.

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