In Re the Marriage of Halvorsen

521 N.W.2d 725, 1994 Iowa Sup. LEXIS 191, 1994 WL 515764
CourtSupreme Court of Iowa
DecidedSeptember 21, 1994
Docket93-1490
StatusPublished
Cited by13 cases

This text of 521 N.W.2d 725 (In Re the Marriage of Halvorsen) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Halvorsen, 521 N.W.2d 725, 1994 Iowa Sup. LEXIS 191, 1994 WL 515764 (iowa 1994).

Opinion

ANDREASEN, Justice.

This appeal from a dissolution decree involves a custody dispute over a child who is not the biological child of the husband. The stepparent seeks custody of the child claiming that the mother should be equitably es-topped from denying his paternity or that she waived her rights to deny his paternity. The district court found the husband was not the father of the child, nor was the mother equitably estopped from denying the husband’s paternity. The court awarded sole custody to the mother and granted no visitation to the husband. We affirm.

I. Background.

The parties to this action met in April 1986 and initiated a sexual relationship. Each was married to another person at the time. Petitioner Robert Halvorsen (Bob) was in the process of divorcing his first wife when he met the respondent Christine Halvorsen, then Christine Baker (Chris). Chris and her husband, Gary Baker (Gary), were separated when she began the relationship with Bob. In the Spring of 1986 Chris discovered she was pregnant and told Bob that he was the child’s father. Chris and Bob lived together before the child was born. Bob’s divorce to his first wife was final in September 1986.

A child, named Nikki Lynn Baker (Nikki), was born in January 1987. At that time Chris was married to Gary, but she had filed for a dissolution of the marriage nine days before Nikki’s birth. After Nikki was born, Bob and Gary voluntarily consented to blood tests to determine which one was Nikki’s father. The parties expected the blood tests conducted by the Memorial Blood Center of Minneapolis, Inc. would exclude Gary as the father and would establish that Bob is the father. The paternity test results came back in September 1987 and conclusively stated neither Bob nor Gary is the father of Nikki.

Bob claims that Chris convinced him that the blood tests were wrong and he was the father. Bob says he believed Chris and continued to treat Nikki as his own child. Chris’ divorce from Gary was final in December of 1987. Bob and Chris married on April 22, 1988, when Nikki was fifteen months old.

In late October 1990, Bob and Chris signed a paternity affidavit indicating that Bob was Nikki’s father. They filed the affidavit with the Bureau of Vital Statistics and received in November a copy of the new birth certificate changing Nikki’s name to Nikki Lynn Hal-vorsen. In December 1990, Bob filed for divorce. He did not, however, serve the petition upon Chris until fourteen months later.

After serving Chris with the divorce petition, Bob requested temporary custody of Nikki. Chris resisted the application and stated that she was the natural mother of Nikki, who was bom prior to the marriage, and that Bob was not Nikki’s father. The parties traded discovery requests; and in answer to an interrogatory, Chris named Nikki’s biological father.

Trial was held in July 1993. Bob argued that Chris should be equitably estopped from denying his paternity of Nikki. The court entered a decree concluding that Bob was not the biological father of Nikki and that Chris is not estopped from asserting Bob’s non-paternity. The court refused to grant Bob custody or visitation of Nikki.

On appeal Bob argues Chris is equitably estopped or has waived her right to contest his paternity of Nikki. He asks that we recognize an equitable parent doctrine.

II. Scope of Review.

This case was tried in equity by the district court. Therefore, our review is de novo. Iowa RApp.P. 4. Under de novo review we are not bound by the factual find *728 ings of the trial court, but do give weight to them. Iowa R.App.P. 14(f)(7).

III. Equitable Parent Doctrine.

Bob asks that the court find that he is an “equitable parent” of Nikki. See Atkinson v. Atkinson, 160 Mich.App.Ct. 601, 408 N.W.2d 516 (1987). We have rejected the “equitable parent” doctrine. Petition of Ash, 507 N.W.2d 400, 401 (Iowa 1993). Even if we were to recognize the doctrine as defined in Atkinson, Bob would not satisfy the definitional requirement because he was not married to Chris at the time the child was born or conceived.

IV. Equitable Estoppel.

Bob argues that Chris should be equitably estopped from denying his paternity of Nikki. He asks this court to apply the doctrine of equitable estoppel to place him in the position of a biological parent so the court can treat him as a biological parent when considering custody, visitation, and support issues. If Bob is considered to be a biological parent, we would apply the best interests of the child standard when considering custody of Nikki, rather than using the more difficult burden of proof required to grant custody to a nonparent over a parent. See In re Marriage of Reschly, 334 N.W.2d 720, 721 (Iowa 1983). Equitable estoppel is a doctrine based on fair dealing, good faith, and justice. It seeks to prevent a person from speaking against his or her act, representation, or commitments to the injury of the person to whom the act or representation was directed and who reasonably relied thereon. Johnson v. Johnson, 301 N.W.2d 750, 754 (Iowa 1981).

The burden of proving equitable es-toppel is on the party asserting it. Each element must be proved clearly, convincingly, and satisfactorily. Davidson v. Van Lengen, 266 N.W.2d 436, 441 (Iowa 1978). The well-established elements of equitable estoppel are:

(1) A false representation or concealment of a material fact;
(2) A lack of knowledge of the true facts on the part of the actor;
(3) The intention that it be acted upon; and
(4) Reliance thereon by the party to whom made, to his or her prejudice and injury-

Bricker v. Maytag Co., 450 N.W.2d 839, 841 (Iowa 1990); Merrifield v. Troutner, 269 N.W.2d 136, 137 (Iowa 1978).

Although we apply the doctrine of equitable estoppel in various circumstances, we have not done so where paternity is the issue. If we were to recognize the doctrine in this case, we would find that Bob failed to demonstrate by clear and convincing evidence that he had a lack of knowledge of the true fact that he was not the biological father of Nikki. The trial court stated:

In this case there is no evidence that Robert ever had a lack of knowledge of the true facts.

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