Frieson v. Pahkala

653 N.W.2d 199, 2002 Minn. App. LEXIS 1256, 2002 WL 31553946
CourtCourt of Appeals of Minnesota
DecidedNovember 19, 2002
DocketC8-02-708
StatusPublished
Cited by2 cases

This text of 653 N.W.2d 199 (Frieson v. Pahkala) 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
Frieson v. Pahkala, 653 N.W.2d 199, 2002 Minn. App. LEXIS 1256, 2002 WL 31553946 (Mich. Ct. App. 2002).

Opinions

OPINION

KLAPHAKE, Judge.

Appellant Tarah Frieson challenges an order denying his request for blood tests to determine the paternity of a child born in October 1998 to respondent Angela Dawn Pahkala. Appellant claims that he is the father of the child and seeks to compel respondent and the child to undergo blood tests under Minn.Stat. § 257.62, subd. 1 (2000). Because appellant met the requirements of the statute by filing with the court an affidavit alleging paternity and “setting forth facts that establish the reasonable possibility that there was ⅜ * * the requisite sexual contact between the parties,” we reverse and remand.

FACTS

Appellant executed a paternity petition in August 2000 that was filed with the district court on January 5, 2001. In his petition, appellant alleged that he and respondent had sexual intercourse on December 28, 1997.1 One week after this petition was filed, respondent and Alan Lee Watt, whom respondent apparently married some time after the child’s birth, executed a “Voluntary Recognition of Parentage” form, acknowledging that they are the biological parents of the child.

Appellant thereafter filed an amended petition for paternity. In his amended petition, he alleged that “he had sexual relations with [respondent] during the time that [she] conceived” and that he “believes that he is the father” of the child.

Respondent filed an answer in which she (1) denied that she had sexual relations with appellant during the time the child was conceived; (2) stated that Alan Watt is presumed to be the father of the child because she and Watt acknowledged paternity in a written Recognition of Paternity; and (3) claimed that appellant’s paternity petition is not brought in good faith and is not in the child’s best interests, as evidenced by appellant’s history of violence against her and his other criminal activities. Respondent also submitted copies of two orders for protection that she obtained against appellant in November 1998 and October 1999, after the birth of the child.

Appellant thereafter filed a motion to compel blood tests under Minn.Stat. § 257.62. In support of his motion, he submitted an affidavit in which he alleged that although he and respondent ended their [201]*201relationship in November 1997, they still spoke on the telephone and saw each other occasionally. He alleged that on January 27, 1998, he spent the night at her place and they had sexual relations.

Appellant further alleged that he moved to Chicago on February 3, 1998, and learned of respondent’s pregnancy in March 1998. He claimed that respondent told him that he was the father and that they resumed their relationship when he returned to Minnesota during the summer of 1998. He further claimed that he visited the child several times in the hospital after the child’s birth in October 1998. Appellant explained that respondent obtained the OFP against him in November 1998 after the two had an argument.

Appellant also submitted an affidavit from his mother, who confirmed that appellant moved to Chicago in February 1998 and lived with her for the next seven months. During that time, appellant’s mother alleged that respondent called frequently. Appellant’s mother further claimed that she saw the child once in late 1998, that the child looks like appellant, and that respondent has implied that appellant is the child’s father.

The district court denied appellant’s motion to compel blood tests. The court determined that appellant’s affidavit failed to establish that he was entitled to blood tests, given his prior inconsistent sworn statement regarding the date of conception, his prior criminal activities, and evidence suggesting that he has abused respondent. The court further cited respondent’s denial of sexual contact with appellant during the period of conception and her prior consistent sworn statement on the November 1998 OFP petition on which she chose not to mark the box entitled “have a child in common.”

ISSUE

Is appellant entitled to compel blood or genetic testing to determine paternity because he has met the requirements of Minn.Stat. § 257.62, subd. 1 (2000)?

ANALYSIS

A party in a paternity action may request blood or genetic tests under the following statute:

The court or public authority may, and upon request of a party shall, require the child, mother, or alleged father to submit to blood or genetic tests. A mother or alleged father requesting the tests shall file with the court an affidavit either alleging or denying paternity and setting forth facts that establish the reasonable possibility that there was, or was not, the requisite sexual contact between the parties.

Minn.Stat. § 257.62, subd. 1(a) (2000).

The issue here is one of statutory interpretation and presents this court with a question of law subject to de novo review. In re Welfare of G.L.H., 614 N.W.2d 718, 720 (Minn.2000). Minnesota courts have recognized that this statute, which is part of the Minnesota Parentage Act (MPA), “clearly evince[s] that the present public policy of this state is to encourage use of [blood or genetic tests] when paternity is in issue.” Berrisford v. Berrisford, 322 N.W.2d 742, 745 (Minn.1982).

Examination of the plain language of this statute leads us to conclude the mandatory term “shall” requires a district court to compel blood testing once an alleged father files an affidavit setting forth the requisite facts. See Minn.Stat. § 645.44, subd. 16 (2000) (“ ‘Shall’ is mandatory.”). Thus, the only question before the district court here was whether appellant’s affidavit set forth facts to establish a [202]*202“reasonable possibility” that there was the requisite sexual contact between the parties.

This inquiry does not allow a district court to exercise any discretion and to make credibility determinations; rather, the court is required to assume the truth of the affidavit. Cf. Nice-Petersen v. Nice-Petersen, 310 N.W.2d 471, 472 (Minn.1981) (construing Minn.Stat. § 518.185, which requires party seeking modification of custody to submit affidavit setting forth facts to support modification, as requiring trial court to accept allegations as true and not allow court to make findings based on affidavit). Nor does this inquiry allow a court to consider whether compelling blood tests would be in the child’s best interests. See In re Turner v. Suggs, 653 N.W.2d 458 (Minn.App.2002) (agreeing that Minnesota Parentage Act does not require analysis of child’s best interest); Spaeth v. Warren, 478 N.W.2d 319, 322 (Minn.App.1991) (MPA “does not require a * * ⅜ best interests consideration”), review denied (Minn. Jan. 30, 1992). Rather, by requiring blood tests if requested by an alleged father who states sufficient facts to establish the possibility of paternity, the statute incorporates a relatively low threshold that accords with the policy of utilizing blood tests in all paternity actions. See County of Ramsey v. S.M.F.,

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Related

Dorman v. Steffen
666 N.W.2d 409 (Court of Appeals of Minnesota, 2003)
Frieson v. Pahkala
653 N.W.2d 199 (Court of Appeals of Minnesota, 2002)

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653 N.W.2d 199, 2002 Minn. App. LEXIS 1256, 2002 WL 31553946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frieson-v-pahkala-minnctapp-2002.