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Appellate judges affirm previous decision in paternity dispute

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A divided Indiana Court of Appeals on Tuesday reaffirmed its original opinion in In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor), 30A01-1107-JP-322, and ordered a rehearing, in which the appellate court affirmed the Hancock Circuit Court’s grant of B.H.’s verified petition for relief from judgment for fraud upon the court.

A DNA test showed B.H. is 99.9997 percent likely to be the father of a child with K.C.

Hancock Circuit Court granted C.C.’s petition to establish that he was the father of S.C. the day after it was filed. The order was issued a day before B.H.’s scheduled paternity hearing in Fayette Circuit Court, and B.H. was served with notice of the Hancock County paternity order at the hearing, according to the appellate ruling.

The Fayette Circuit Court dismissed B.H.’s case, and he filed a motion to set aside the Hancock County judgment “on grounds that Mother committed fraud upon the court in not informing the Hancock Circuit Court of the then-pending Fayette County proceeding,” according to the opinion.

The Hancock Circuit Court granted the motion, vacated the paternity judgment in favor of C.C., and ordered DNA testing that concluded B.H. was almost certainly the father.

Judge Ezra Friedlander wrote the rehearing joined by Judge Paul Mathias. Judge Patricia Riley dissented without a separate opinion.

In granting rehearing, Friedlander set aside mother K.C.’s claims that B.H.’s paternity action didn’t meet statutory requirements and that DNA tests were in dispute and inadmissible.

Those issues, Friedlander wrote, are “beside the point with respect to the Hancock County order under review. The question is whether Mother committed fraud upon the Hancock Circuit Court by failing to apprise that court of the Fayette County proceeding” that court records indicate she knew about.

“It is enough that the record supports the Hancock Circuit Court’s finding that a paternity action was indeed filed and pending in Fayette County and that Mother knew of the action when she participated in the Hancock County action,” Friedlander wrote in support of rehearing. "It is enough that there was evidence to support the Hancock Circuit Court’s finding that Mother did not inform the Hancock Circuit Court of the pending Fayette County paternity proceeding. And, it is enough that there was evidence to support the finding that Mother knew there was a reasonable possibility that B.H. was S.C.’s biological father, regardless of any defects or deficiencies in B.H.’s legal efforts to establish his paternity as a matter of law.”

 

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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