 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Tyrone W. v. Danielle R.12/3/1999
The Circuit Court for Talbot County denied appellant Tyrone W.'s motion for blood or genetic testing and to set aside an enrolled declaration of paternity respecting T.R., a male child. Tyrone challenges those rulings in this appeal, in which T.R.'s mother, Danielle R., and the Talbot County Bureau of Support Enforcement ("Bureau") appear as appellees. Because we conclude that the lower court erred in denying Tyrone's request for blood or genetic testing, we shall vacate the judgment of the circuit court, and remand the case for further proceedings.
FACTS
Danielle gave birth to T.R. on January 8, 1989. Four months later, on April 27, 1989, Danielle and Tyrone entered into a written agreement ("Agreement") in which Tyrone acknowledged paternity of T.R. and promised to pay $35.00 per week in child support and a portion of T.R.'s medical expenses not covered by insurance.
On May 3, 1989, Danielle filed a paternity action in the Circuit Court for Talbot County. The action was filed with the consent of the Talbot County State's Attorney's Office. It contained a "Notice to Defendant" advising Tyrone of his right to have the issue of paternity tried by a jury and informing him that unless he elected a jury trial, that right would be deemed waived and the matter would be tried by the court. Danielle attached the Agreement to her complaint.
Six days later, on May 9, 1989, the circuit court entered a judgment of paternity declaring Tyrone to be the father of T.R. and ordering him to pay child support and medical expenses in accordance with the terms of the Agreement. Further tracking the Agreement, the court granted custody and guardianship of T.R. to Danielle and visitation rights to Tyrone, and ordered that Tyrone's support obligations continue until T.R. should reach the age of eighteen, die, marry, or become self-supporting.
The record in the 1989 paternity action does not contain a docket entry reflecting service upon Tyrone. It is undisputed, however, that Tyrone was aware of the court's judgment and abided by it.
On April 7, 1998, almost nine years after the entry of the paternity judgment, Danielle and the Bureau filed in the 1989 paternity case a petition for increase in child support , pursuant to Md. Code (1984, Repl. Vol. 1999), § 10-115 of the Family Law Article ("F.L."). Tyrone responded by filing a paper entitled "Response to Petition for Increase in Child Support and Complaint to Set Aside Declaration of Paternity." He alleged that several years after T.R.'s birth, he discovered that during the approximate time of T.R.'s conception, Danielle had engaged in sexual intercourse with other men and that, contrary to what Danielle had told him before he signed the Agreement, he is not T.R.'s biological father. Tyrone asked the court to order Danielle and T.R. to submit to blood or genetic testing in accordance with F.L. § 5-1029, and further requested that it set aside the 1989 paternity judgment, should the testing confirm his belief that he is not T.R.'s biological father.
The circuit court referred Tyrone's motion for blood or genetic testing to a domestic relations master. On August 7, 1998, the master held an evidentiary hearing, at which Tyrone and Danielle testified. Tyrone explained that when Danielle told him she was pregnant with his child, he had not known that she had any other boyfriends. After T.R. was born, he was approached by a representative of the Talbot County State's Attorney's Office who presented the Agreement to him and told him that he "could get blood tests at that time." Tyrone testified that he decided not to have blood tests done then because he believed Danielle when she told him he was the ba
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|