County of Dakota v. Blackwell

809 N.W.2d 226, 2011 Minn. App. LEXIS 114, 2011 WL 3654529
CourtCourt of Appeals of Minnesota
DecidedAugust 22, 2011
DocketNo. A11-336
StatusPublished
Cited by5 cases

This text of 809 N.W.2d 226 (County of Dakota v. Blackwell) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Dakota v. Blackwell, 809 N.W.2d 226, 2011 Minn. App. LEXIS 114, 2011 WL 3654529 (Mich. Ct. App. 2011).

Opinion

OPINION

HALBROOKS, Judge.

In this paternity action, appellant challenges the district court's grant of summary judgment to respondent Dakota County, arguing that the district court erred by adjudicating appellant as the father of the minor child without joining a third party presumed to be the child's father. We reverse and remand for proceedings consistent with this opinion.

FACTS

The facts of this case are largely undisputed. Respondent Victoria Louise Reilly (Reily) married John Melner Reily, Jr. (husband) on March 23, 1991. D.J.R. was born on March 22, 1999. D.J.R. is the biological child of appellant Edward Lee Blackwell and Reily. Reily and husband divoreed in 2006, when D.J.R. was nearly seven years old. The petition for dissolution listed two children from the marriage and listed D.J.R. as Reily's child. In a pro se petition, husband requested joint physical and joint legal custody of all three children. The judgment and decree states that "[llegal [and physical] custody of the parties' minor child(ren) of the marriage is granted jointly to both parties." There is no separate designation of custody of D.J.R.

The record does not indicate what, if any, interaction occurred between appel[228]*228lant and D.J.R. during Reily and husband's marriage. But in July 2006, following her divorce, Reily, appellant, and D.J.R. moved in together. With respect to his relationship with D.J.R. during and after this time, appellant states:

Although I have maintained health insurance and, for the most part, dental insurance for [D.J.R.] since 2006, I have never openly held him out as my son, even while [Reily] and I resided together. Since 2008, I have also paid [Reily] $400.00 per month. When we resided together, I provided for all financial needs for her and [D.J.R.], as well as her other two children she had with another man, during the approximate 3 months they lived with us over that time period.

Appellant also alleges in his affidavit that Reily, husband, and all three children moved back in together in 2007.

In September 2010, the county served appellant with a complaint, alleging that appellant is "liable for past support and medical and lying-in expenses not covered by insurance.1 * The complaint sought genetic testing to establish D.J.R.'s paternity, adjudication of appellant as the father of DJ.R., an order granting judgment against appellant for past support and reimbursement of public assistance, an order establishing ongoing child support, and the amendment of D.J.R.'s birth certificate, among other relief. Appellant submitted to genetic testing, which established a 99.99% likelihood that appellant is D.J.R.'s biological father, a fact that appellant acknowledges.

The county moved for summary judgment. Appellant opposed the motion and moved the district court to order "that [husband] be joined herein as a party Defendant." Appellant argued that "Thus-band]'s presence as a party Defendant to this matter is essential to establish which presumption should prevail with regard to the ultimate decision of the court establishing paternity with regard to the minor child." After a hearing, the district court granted the county's motion and adopted the county's proposed order in its entirety. The district court did not join husband as a party. This appeal follows.

ISSUES

I. Did the district court err by denying appellant's motion to join husband?

II, Did the district court abuse its discretion by adopting the county's proposed findings verbatim?

ANALYSIS

1.

Appellant argues that the district court erred by denying his motion to join husband as a party to the paternity action. Interpretation of the Minnesota Parentage Act, Minn.Stat. §§ 257.51-.74 (2010), is a question of law, which we review de novo. In re Welfare of C.M.G., 516 N.W.2d 555, 558 (Minn.App.1994).

Minn.Stat. § 257.60 states that in an action brought to establish the existence of a father-child relationship under the parentage act, "each man presumed to be the father under section 257.55, and each man alleged to be the biological father, shall be made parties." (Emphasis added.) There is no dispute that husband is D.J.R.'s presumptive father under the statute: "A man is presumed to be the biological father of a child if ... he and the child's biological mother are or have been married to each [229]*229other and the child is born during the marriage...." Minn.Stat. § 257.55, subd. 1.

Respondents argue that because appellant does not dispute that he is D.J.R.'s biological father, there is no need to join husband as a party to the paternity proceeding. We disagree. It is true that if a genetic test shows a 99 percent or greater likelihood of an alleged. father's paternity, "there is an evidentiary presumption that the alleged father is the biological father." Minn.Stat. § 257.62, subd. 5(b). If there are conflicting presumptions, "the presumption which on the facts is founded on the weightier considerations of policy and logic controls." Minn.Stat. § 257.55, subd. 2. This statutory scheme permits a determination that a presumption of paternity based on a genetic relationship is founded on weightier considerations of policy and logic than a presumption based on marriage, but it does not mandate such a determination. To the contrary, the statute specifically provides that "[a] determination ... that the alleged father is the biological father does not preclude the adjudication of another man as the legal father under section 257.55, subdivision 2." Minn.Stat. § 257.62, subd. 5(c).

A legal adjudication of paternity is not controlled by biology. See State v. Thomas, 584 N.W.2d 421, 424 (Minn.App.1998) (noting that genetic tests "are given no greater weight than the other presumptions listed in the Parentage Act" (quotation omitted)), review denied (Minn. Nov. 17, 1998); see also C.M.G., 516 N.W.2d at 560 ("Where competing presumptions of paternity exist, the determination of paternity is no longer solely an issue of biological fact."). A presumptive father has a right to bring a paternity action at any time to declare the existence of a parent-child _ relationship. See - Minn.Stat. § 257.57, subd. 1(a). The joinder of all presumptive fathers mandated by Minn. Stat. § 257.60 protects this, and other, rights. Husband raised D.J.R. for nearly seven years, husband sought joint custody of D.J.R. when he and Reily divorced, and the record reflects that husband and Reily are again living together with D.J.R. We cannot assume that husband is not interested in asserting his rights simply because he has not yet done so.

Although there are no cases addressing the specific issue before us, we note that Minn.Stat. § 257.60 also makes mandatory the joinder of the child to a paternity action in certain instances. We have previously reversed and remanded paternity adjudications when children have not been joined as necessary parties. See, eg., Kelty v. Cataldo, 488 N.W.2d 822, 828 (Minn.App.1992) ("Having regard for the statutory mandate of party status for the child, we can find no acceptable rationale for excluding the child from the process of addressing the difficult considerations on conflicting presumptions of fatherhood."), review denied (Minn. Sept. 15, 1992).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

A. S. v. K. C.-W. (In re C. F. N.)
923 N.W.2d 325 (Court of Appeals of Minnesota, 2018)
In re E.K.
410 P.3d 480 (Colorado Court of Appeals, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
809 N.W.2d 226, 2011 Minn. App. LEXIS 114, 2011 WL 3654529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-dakota-v-blackwell-minnctapp-2011.