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Baker v. Baker

The best interest of the child standard applied to the peculiar facts of a case in which the mother sought to unilaterally delegitimize the child.

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We granted appellant Matt Baker’s discretionary application to determine whether the “best interest of the child” standard should apply where a biological mother has essentially sought to delegitimize her child and prevent the legal and presumptive father from asserting any of the rights associated with parenthood in conjunction with the couple’s divorce action. Under the circumstances of this case, we determine the “best interest of the child” standard is appropriate to protect the interests of all the parties concerned. Therefore, we reverse the trial court’s contrary ruling and remand this matter for further proceedings. Matt Baker and Tina Baker met in February 1996. At that time, Tina was approximately two months pregnant with a child by another man, Samples, who was imprisoned at the time of the child’s birth and currently remains in prison under a sentence scheduled to end in 2011.

When her pregnancy was confirmed, Tina informed Matt of the situation. Matt and Tina married in June 1996, and the child was born three months later. It is undisputed that Matt provided both financial and emotional support to Tina throughout her pregnancy, was listed with Tina’s consent on the child’s birth certificate as the child’s father and has always provided financial and emotional support for the child, even going so far as to make non-court-ordered child support payments to Tina after the couple’s separation.

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