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Divided high court affirms DNA unnecessary to establish paternity

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Indiana Supreme Court justices split 3-2 in affirming that DNA evidence is not required to establish paternity.

Justices issued a published order Thursday in In RE the Paternity of I.B.: K.H. v. I.B., b/n/f L.B., 34A02-1305-JP-401, denying transfer of a Howard Circuit ruling affirmed by the Court of Appeals. The order ends the appeal.

The Supreme Court held oral argument on whether to accept the appeal of K.H., who argued that the trial court lacked sufficient evidence to prove that he is the biological father. The court also ordered K.H. to pay child support after issuing findings that “provided by a preponderance of evidence, if not clearly and convincingly that … K.H. is the biological father of I.B.”

The child was born after mother L.B.’s marriage to C.B. dissolved, and both stipulated that C.B. was not I.B.’s father. K.H. appealed, arguing the trial court erred in concluding that L.B. had rebutted the statutory presumption that C.B. is I.B’s father in the absence of DNA evidence.

Justices Steven David, Mark Massa and Robert Rucker formed the majority that ordered to deny transfer of K.H.’s appeal without opinion, but Chief Justice Brent Dickson wrote a dissent joined by Justice Loretta Rush.

“I respectfully dissent from the denial of transfer and would prefer for this Court to address whether DNA evidence should be required whenever a child may face the risk of losing the presumption of being the biological child of the birth mother’s husband,” Dickson wrote.

“I believe that in any proceeding in which the presumption of biological paternity is potentially impinged, DNA testing, if available, should be mandatory as the exclusive way of providing conclusive, direct, clear, and convincing evidence to rebut the presumption,” he wrote. “Without supporting DNA genetic evidence, courts should not make any judicial determination that a child’s biological father is someone other than the biological mother’s husband when the child was born. Nothing less should suffice.

“I would grant transfer so that this Court can consider adopting this new evidentiary requirement,” Dickson wrote.

 

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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