J.R.A. v. G.D.A.

314 S.W.3d 764
CourtCourt of Appeals of Kentucky
DecidedJune 11, 2010
DocketNo. 2009-CA-001709-ME
StatusPublished
Cited by3 cases

This text of 314 S.W.3d 764 (J.R.A. v. G.D.A.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J.R.A. v. G.D.A., 314 S.W.3d 764 (Ky. Ct. App. 2010).

Opinion

OPINION

TAYLOR, Judge:

J.R.A. brings this appeal from an August 19, 2009, Order of the Jefferson Circuit Court, Family Court Division, (family court) adjudicating him the legal father of D.A.S. We reverse and remand.

On September 21, 2002, appellee married her first husband, S.L.S. Three days later, appellee gave birth to a daughter, D.A.S. At that time, D.A.S. took the last name of S.L.S. Appellee and S.L.S. were divorced by decree of dissolution of marriage entered in the family court on July 29, 2003. The decree makes no reference to any children of the marriage.1

Some three years later, on May 1, 2006, appellee married appellant. At the time of the parties’ marriage, appellee’s daughter, D.A.S., was three years old. On March 16, 2007, appellant and appellee executed and filed with the State Registrar of Vital Statistics a Declaration of Paternity pursuant to Kentucky Revised Statutes (KRS) 213.046.2 In so doing, both parties signed an affidavit stating that appellant was the natural or biological father of D.A.S. Pur[765]*765suant to the declaration, D.A.S.’s last name was changed to that of appellant.

On April 18, 2009, appellant initiated the instant action by filing a Petition for Dissolution of Marriage in the family court. Thereafter, appellant filed a motion seeking “a hearing to Determine Petitioner’s Paternity Rights and Obligations.” Therein, appellant averred that he was not the biological father of D.A.S. Appellant further asserted that both he and appellee were aware that he was not the biological father when executing the Declaration of Paternity in March 2007. Appellant asserts that he and appellee only executed and filed the Declaration of Paternity to obtain insurance coverage for D.A.S. through his employer.

In response to appellant’s motion, appel-lee admitted that appellant was not D.A.S.’s biological father. However, ap-pellee claimed that appellant should be estopped from denying parentage and claimed that appellee “assumed a parental relationship with the child.” Appellee also maintained that appellant held himself out as D.A.S.’s father throughout the marriage and continued to act as D.A.S.’s father after the parties’ separated.

Following a hearing, the family court entered an order on August 19, 2009. Therein, the court concluded that appellant was equitably estopped from denying his paternity of D.A.S. and that appellant was D.A.S.’s “father and shall have all of the rights and responsibilities of a natural parent.” In so concluding, the court reasoned:

A child born during a marriage is presumed to be the child of the husband and wife. Ky.Rev.Stat. Ann. § 406.011. Therefore, Kentucky law would generally presume that [D.A.S.] is the child of [appellee] and her first husband. However, the presumption of paternity is one that may be rebutted. In this ease, the presumption of paternity was rebutted when the parties signed affidavits stating that [appellant] is [D.A.S.’s] father and changing her surname from [S.] to [A.] The only issue remaining is whether [appellant] can overcome the presumption that he created pursuant to KRS 406.021(4) when he and [appellee] signed affidavits swearing that he is [D.A.S.’s] father.
Since March 16, 2007[,] when [appellant] swore that he is [D.A.S.’s] father, he has held himself out to be her father. [Appellant] introduced himself to people as [D.A.S.’s] father and introduced her to people as his daughter. [D.A.S.] calls, [appellant] “daddy” and has never referred to anyone else as “daddy.” [Appellant] went to most of [D.A.S.’s] doctor’s appointments and went to her soccer practices and games. [Appellant] was involved in [D.A.S.’s] education. [Appellant] acknowledged that [D.A.S.] has depended on him emotionally and financially as a daughter depends on a father. [Appellant] further acknowledged that he was aware that he would be held financially responsible for [D.A.S.] when he signed the affidavit declaring his paternity. [Appellee] testified that she believes [D.A.S.] would be very upset if she lost her relationship with [appellant] and that [D.A.S.] does not remember a time when [appellant] was not in her life.
Kentucky case law has recognized that the doctrine of equitable estoppel may be applied to prevent a party who has held himself as a child’s father from later denying paternity and terminating the parent-child relationship. In the case of S.R.D[.] v. T.L.B., where the husband had represented to the child that he was her father despite knowledge that he might not be the father, the child was unaware that the husband may [766]*766not be her father, the husband had acted with the intention that the child consider him to be her father, and the child relied on his conduct to her detriment, the Kentucky Court of Appeals found that the husband could not be relieved of his parental obligation. S.R.D. v. T.L.B., 174 S.W.3d 502, 509 (Ky.App.2005). It has been noted by the Kentucky Court of Appeals that the doctrine of paternity by estoppel was employed in the case of S.R.D. v. T.L.B. in order “to preserve the relationship (both emotional and financial) between the child and the only father she had ever known.” Boone v. Ballinger, 228 S.W.3d 1, 12 (Ky.App.2007).
In this case, [appellant] has, through his actions, represented to [D.A.S.] that he is her father. Despite the testimony by both parties that [D.A.S.] is aware that [appellant] is not her biological father, the Court finds that based on her young age; [D.A.S.] is unaware that biology would mean that [appellant] may one day terminate the father-daughter relationship. The Court further finds that despite [appellant’s testimony that he signed the affidavit declaring his paternity of [D.A.S.] only so that he could cover her on his health insurance, [appellant] acted with the intention of [D.A.S.] considering him as her father by signing said affidavit, allowing her to call him “daddy,” introducing himself as [D.A.S.’s] father and [D.A.S.] as his daughter, and by attending regular doctor visits as well as soccer practice and games. [D.A.S.] did rely on [appellants conduct to her determinant, which he acknowledged in his testimony when he stated that [D.A.S.] has relied on him both emotionally and financially.
[Appellant] is the only father that [D.A.S.] has ever known, and the Court will not allow [appellant] to deny the responsibility that he willingly and knowingly undertook by signing the affidavit of paternity simply because his relationship with [D.A.S.’s] mother ended. To allow [appellant] to deny this responsibility would pose potentially serious ramifications for [D.A.S.]....
[[Image here]]
... For the foregoing reasons, the Court finds that [appellant] created a presumption of paternity pursuant to KRS 406.021(4) when he signed the affidavit declaring that he is [D.A.S.’s] father. Based on the doctrine of paternity by estoppel set forth in S.R.D. v. T.L.B.,

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

Related

G.R.B. v. L.J.B.
260 So. 3d 833 (Court of Civil Appeals of Alabama, 2018)
Jra v. Gda
314 S.W.3d 764 (Court of Appeals of Kentucky, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
314 S.W.3d 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jra-v-gda-kyctapp-2010.