Lebanon County Children & Youth Services v. Wagner

948 A.2d 871, 2008 Pa. Super. 102, 2008 Pa. Super. LEXIS 997, 2008 WL 2043198
CourtSuperior Court of Pennsylvania
DecidedMay 14, 2008
Docket1788 MDA 2007
StatusPublished

This text of 948 A.2d 871 (Lebanon County Children & Youth Services v. Wagner) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lebanon County Children & Youth Services v. Wagner, 948 A.2d 871, 2008 Pa. Super. 102, 2008 Pa. Super. LEXIS 997, 2008 WL 2043198 (Pa. Ct. App. 2008).

Opinion

OPINION BY

KELLY, J.:

¶ 1 Appellant, Timmy M. Wagner, appeals from the order entered on October 10, 2007, in the Lebanon County Court of Common Pleas directing him to submit to genetic testing to determine the paternity of T.L.W., a minor. Because Children and Youth Services stands in the shoes of the natural mother for the purposes of estop-pel and there was no evidentiary hearing, we vacate and remand for an estoppel hearing.

¶ 2 This Court summarized the facts of this case in a previous memorandum:

In December of 2006, [Appellee] Lebanon County Children & Youth [Appel-lee] filed a complaint for support against Appellant.... In the complaint, [Appel-lee] claimed that [Appellant] is the father of T.L.W., a minor....
The court ordered [Appellant] to appear before a conference officer on January 25, 2007. At the conference, [Appellant] did not acknowledge paternity. Consequently, on January 25, 2007, the trial court entered an order requiring [Appellant] to appear for genetic testing.
Thereafter, [Appellant] filed a motion to stay genetic testing. According to the motion, at the aforementioned conference, [Appellant] was provided with a copy of an affidavit in support of establishing paternity. The affidavit was completed by L.W. (“Mother”), T.L.W.’s natural mother. 1 [Appellant’s motion asserted that the affidavit indicated that Mother was married to B.W. [Husband] when T.L.W. was born, that [Husband] was named as the father on T.L.W.’s birth certificate, and that [Husband] acted and presented himself as T.L.W.’s father. Based upon this information, [Appellant] contended that a presumption of paternity attached to [Husband] as to T.L.W. [Appellant], therefore, averred that “it would be improper for [him] to be subjected to genetic testing regarding the paternity of [T.L.W.,] and *873 the [c]omplaint [for support] against him should be dismissed. 2 Motion to Stay Genetic Testing, 2/6/07, at ¶ 5.
[Appellee] then filed an answer to the motion. In [its] answer, [Appellee] insisted that no presumption of paternity existed as to [Husband]. [Appellee] based its position on the fact that [Ap-pellee] and Mother earlier had brought a support action against [Husband], which resulted in the trial court entering an order on November 21, 2006, wherein the court stated that genetic testing excluded [Husband] as T.L.W.’s biological father.
In an order entered on April 17, 2007, the trial court denied [Appellant’s] motion to stay genetic testing. On April 27, 2007, [Appellant] filed a notice of appeal in which he stated that he was appealing the April 17, 2007, order of the trial court.

Lebanon County Children and Youth Services v. T.M.W., No. 751 MDA 2007, unpublished memorandum at 1-3, 943 A.2d 330 (Pa.Super. filed October 3, 2007) (footnotes in original).

¶ 3 This court quashed the appeal from the trial court’s denial of the motion to stay, finding that because the appeal was interlocutory, we lacked jurisdiction. (Id. at 4). However, while the appeal was pending, the original deadline for genetic testing lapsed, and the trial court entered a second order compelling genetic testing on October 10, 2007. Appellant filed the instant appeal from that order.

¶ 4 Appellant raises a single issue, arguing that trial court abused its discretion first, in finding that Appellee was not estopped from asserting paternity against him, and then in ordering genetic testing. He contends that Mother’s prior conduct in holding out Husband as the child’s father supports a finding that Appellee should be estopped from asserting paternity against him. We find that because the trial court did not conduct a hearing on the issue of estoppel, the record is insufficient to allow an analysis of Appellant’s claims.

¶ 5 “[I]n any child support matter in which paternity is denied on the grounds of estoppel, the trial court must conduct a hearing on the issue of estoppel and determine whether the mother is estopped from pursuing her claim against the alleged father.” Freedman v. McCandless, 539 Pa. 584, 654 A.2d 529, 533 (1995) (emphasis added). “Only when the doctrine of estoppel does not apply will the mother be permitted to proceed with a paternity claim against a putative father with the aid of a blood test.” Jones v. Trojak, 535 Pa. 95, 634 A.2d 201, 206 (1993) (citation omitted). Thus, it was improper for the trial court to order genetic tests without providing Appellant a hearing on the issue of estoppel. See Freedman, supra.

¶ 6 Additionally, we direct the trial court’s attention to relevant case law. In its opinion in support of the original testing order, the trial court determined that estoppel did not apply because the instant complaint was brought by Appellee, Lebanon County Children and Youth, not by Mother. (Trial Ct. Op., 5/10/07, at 6-7). In a footnote, the court argued that Matter of Green, 437 Pa.Super. 606, 650 A.2d 1072 (1994), was factually distinguishable and thus not controlling. We disagree and find that Green does control.

¶ 7 Green held:

*874 Because it is the parent/child bond and the nature of that relationship that is our primary focus ... we find that the doctrine [of equitable estoppel] is applicable to an agency such as DHS. Public policy dictates that the parent/child bond be nurtured. We are bound to preserve that relationship where it exists. Refusing to apply the doctrine of paternity by estoppel simply because an agency, and not a parent, challenges paternity, would be inconsistent with our efforts to preserve the parent/child relationship.

Id. at 1075 (citations omitted). Thus, the fact that the assertion of paternity is advanced by Appellee, an agency rather than the natural mother, is of no moment. Es-toppel prevents a mother, who has held a child out as the offspring of one man from asserting that another man is the biological and financially responsible father:

Estoppel in paternity actions is merely the legal determination that because of a person’s conduct (e.g., holding out the child as his own, or supporting the child) that person, regardless of his true biological status, will not be permitted to deny parentage, nor will the child’s mother who has participated in this conduct be permitted to sue a third party for support, claiming that the third party is the true father .... [T]he doctrine of estoppel in paternity actions is aimed at achieving fairness as between the parents by holding them, both mother and father, to their prior conduct regarding the paternity of the child.
These estoppel cases indicate that ...

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

Related

Matter of Green
650 A.2d 1072 (Superior Court of Pennsylvania, 1994)
Freedman v. McCandless
654 A.2d 529 (Supreme Court of Pennsylvania, 1995)
Jones v. Trojak
634 A.2d 201 (Supreme Court of Pennsylvania, 1993)
Fish v. Behers
741 A.2d 721 (Supreme Court of Pennsylvania, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
948 A.2d 871, 2008 Pa. Super. 102, 2008 Pa. Super. LEXIS 997, 2008 WL 2043198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lebanon-county-children-youth-services-v-wagner-pasuperct-2008.