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Mother's prior statement undermines argument on appeal

February 14, 2012

A mother who appealed a court’s order acknowledging that her ex-husband is the father of her child cannot prove that the court abused its discretion.

In In Re: The Marriage of K.Z. and M.H., No. 43A05-1107-DR-436, the mother, K.Z., requested a dissolution of her marriage to M.H. when she was six months pregnant. In the dissolution petition, K.Z. signed under a penalty of perjury a statement that said, “I am currently six months pregnant, and there will be one minor child born to the marriage, who will be dependent on the parties for support.”

After the divorce and the baby’s birth, the father claimed K.Z. denied access to his child. He filed a motion to set aside judgment pursuant to Indiana Trial Rule 60(B), requesting modification of the dissolution decree to reflect that a child of the marriage had been born.

Holding that the mother’s own statement shows no question of paternity, the Indiana Court of Appeals affirmed the trial court’s grant of M.H.’s request to modify the decree.

 

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