Appellate judges disagree about dismissal of paternity petition

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The Indiana Court of Appeals affirmed a trial court in dismissing a paternity petition, but one judge dissented, saying the ruling now leaves the child with no legally recognized father.

In In the Matter of the Paternity of S.C.; K.C. v. C.C. and B.H., No. 30A01-1107-JP-322, CC. and B.H. had disputed who was father of S.C., a child born to mother K.C. in 2008.

K.C. and C.C. began dating in high school, and both knew B.H. At some point, K.C. had a sexual relationship with B.H., and in 2007, she was at B.H.’s house when she learned she was pregnant.

K.C. told C.C. about the pregnancy and said she believed he was the father, although she wondered if the child might be B.H.’s. She ended her relationship with B.H., and C.C. was with her when she gave birth.

On July 29, 2008, B.H. filed a verified petition for immediate paternity order in the Fayette Circuit Court, alleging he was S.C.’s father, requesting an order that the mother and S.C. submit to a DNA test, and asking that it be performed before K.C. and S.C.’s discharge from the hospital.

K.C. and S.C. submitted to blood tests, and on Aug. 4, 2008, the DNA Diagnostic Center in Fairfield, Ohio issued a DNA test report indicating a 99.9997% probability that B.H. was S.C.’s biological father.

K.C. and B.H. received the DNA test results in October. About a week later, C.C., pro se, and on behalf of S.C., filed a verified petition to establish paternity in the Hancock Circuit Court. He alleged that he was S.C.’s father based upon a July 30 paternity affidavit he and K.C. created. On Oct. 22, the Hancock Circuit Court issued an order establishing C.C.’s paternity; the Fayette Circuit Court held a hearing on B.H.’s paternity action, ultimately dismissing it, holding that it was not a petition for paternity, but rather a petition to require DNA testing.  

On June 25, 2010, B.H., by counsel, filed his verified petition for relief of judgment for fraud upon the court (the petition for relief) in the Hancock Circuit Court, alleging that C.C.’s paternity order was obtained through fraud. The Hancock Circuit Court granted B.H.’s petition, holding – among other findings – the mother had suspected the child might be B.H.’s and that her lawyer had not notified B.H. of the petition for paternity that C.C. had filed in Hancock County.

The COA affirmed the court’s decision to set aside C.C.’s paternity petition, writing, “We reiterate that this decision does not leave S.C. without a father and Mother without options. Even assuming that the July 31, 2008 DNA test was faulty or legally inadmissible, the parties are free to have another test performed and do what they will depending upon those results, including the pursuit of support proceedings against B.H. or the initiation of adoption proceedings by C.C.”

But Judge Patricia Riley dissented, writing, “All that has occurred here is the judicially imposed removal of that obligation since B.H. has not been legally recognized as S.C.’s father. This leads to an unjust result whereby B.H. is free to abandon his claim to S.C.’s paternity leaving S.C. with no one obliged to support her.”



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.