LeClair v. Reed ex rel. Reed

2007 VT 89, 939 A.2d 466, 182 Vt. 594, 2007 Vt. 89, 2007 Vt. LEXIS 281
CourtSupreme Court of Vermont
DecidedAugust 30, 2007
DocketNo. 05-557
StatusPublished
Cited by6 cases

This text of 2007 VT 89 (LeClair v. Reed ex rel. Reed) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LeClair v. Reed ex rel. Reed, 2007 VT 89, 939 A.2d 466, 182 Vt. 594, 2007 Vt. 89, 2007 Vt. LEXIS 281 (Vt. 2007).

Opinion

¶ 1. Appellant Robert LeClair appeals from a Windsor Family Court decision dismissing his action to establish parentage of, and rights and responsibilities for, a child conceived during a sexual assault he committed on appellee’s daughter, a minor at the time.1 We reverse and remand for a hearing.

¶ 2. The relevant facts and procedural history may be briefly summarized. In January 2005, appellant pleaded guilty to the sexual assault. At the time of the assault, appellant was thirty-seven and appellee’s daughter was fifteen. See 13 V.S.A. § 3252(a)(3) (1998) (prohibiting sexual acts with persons under the age of sixteen).2 In February 2005, appellant filed a complaint seeking to establish parentage, parental rights and responsibilities, parent-child contact, and child support.3 Appellant dismissed the action [595]*595voluntarily in early May 2005 in order to “get to a point in [his] treatment that [would] allow [him] to have visitation with [his] son.” He then moved to reopen in July of that year. The motion to reopen was accompanied by appellant’s affidavit stating that his treatment program would now allow him supervised visitation with the baby. Appellee opposed the motion and also moved to dismiss the action on the basis that appellant lacked standing to pursue the claim. In November 2005, the family court granted appellant’s motion to reopen but simultaneously granted appellee’s motion to dismiss. This appeal followed.

I. The Motion to Reopen

¶ 3. In granting the motion to reopen, the family court concluded from the plain language of 15 V.S.A. § 302 that the Legislature intended “[a]ny person alleging [themselves] to be the natural father” to have standing to pursue a parentage claim. The family court also concluded that appellant’s pleading was sufficient to put appellee on notice of the claims against her. V.R.C.P. 7(b)(1). Appellee contends that the family court erred in granting the motion, because parentage proceedings should be entirely closed to putative parents who, like appellant here, father children by sexual assault. She also continues to argue that appellant’s motion failed to set forth a concise statement of the relevant facts and the relief sought, and that the motion therefore ought to have been denied under V.R.C.P. 7. We disagree with appellee on both grounds.

¶ 4. We review the family court’s decision to grant the motion to reopen for abuse of discretion. See Riehle v. Tudhope, 171 Vt. 626, 628-30, 765 A.2d 885, 888-90 (2000) (mem.). The family court noted that, although the Parentage Proceedings Act must be strictly construed because it is in derogation of the common law, Lawrence v. Limoge, 149 Vt. 569, 572, 546 A.2d 802, 804 (1988), it provides a cause of action for any “person alleged or alleging himself or herself to be the natural parent of a child.” 15 V.S.A. § 302(a). As the family court noted, at least one state legislature has seen fit to deny standing to contest a termination of parental rights to “a biological father of [a child] conceived as a result of rape or incest.” N.M. Stat. Ann. § 32A-5-19 (1978). Our Legislature, however, made no such exception in the law it adopted, and instead provided broad standing, via § 302, for “any person” claiming to be the father of a child to pursue a parentage action. See also 15A V.S.A. § 2-402 (enumerating the persons from whom consent for adoption is not required and allowing for adoption without consent of “a person whose parental relationship to the minor has been judicially terminated or determined not to exist”). Id. § 2-402(a)(2). Our statutes do not expressly or implicitly limit the class of people with standing to bring parentage actions.

¶ 5. Accordingly, we must conclude that the family court did not abuse its discretion in granting the motion to reopen. Where the language of a statute is clear, our inquiry is at an end and “we apply the statute in accordance with its plain meaning.” Wright v. Bradley, 2006 VT 100, ¶ 6, 180 Vt. 383, 910 A.2d 893. The plain meaning of § 302 is that the Legislature intended to confer standing on any “person alleged or alleging himself or herself to be the natural parent of a child.” 15 V.S.A. § 302(a). Appellant made precisely this allegation in plain terms sufficient to put appellee on notice of the claim, and we find no error — and certainly no abuse of discretion ■— in the family court’s decision to grant the motion to reopen.

II. The Motion to Dismiss

¶ 6. We do find error, however, in the trial court’s grant of appellee’s motion to [596]*596dismiss. Motions to dismiss for failure to state a claim are “not favored and rarely granted.” Ass’n of Haystack Prop. Owners v. Sprague, 145 Vt. 443, 446-47, 494 A.2d 122, 125 (1985) (citation omitted). Motions to dismiss under V.R.C.P. 12(b)(6) should be granted only where it is “beyond doubt that there exist no facts or circumstances that would entitle . . . plaintiff to relief.” Richards v. Town of Norwich, 169 Vt. 44, 48, 726 A.2d 81, 85 (1999) (quotations and citation omitted). “[C]ourts should be especially reluctant to dismiss [a cause of action] on the basis of pleadings when the asserted theory of liability is novel or extreme.” Haystack Prop. Owners, 145 Vt. at 447, 494 A.2d at 125. In reviewing the family court’s dismissal for failure to state a claim on which relief can be granted, we take all factual allegations in the complaint as true. Richards, 169 Vt. at 48-49, 726 A.2d at 85. We assume that “all contravening assertions in defendant’s pleadings are false.” Id. at 49, 726 A.2d at 85.

¶ 7. The Legislature has expressly stated a preference for contact between children and their natural parents, except where direct physical or emotional harm to the child or a parent is likely to result from such contact. 15 V.S.A. § 650. Parental rights and responsibilities are to be determined “for the benefit of all children, regardless of whether the child is born during marriage or out of wedlock.” Id. § 301. It is abundantly clear, however, that neither public policy nor our statutes dictate that the parent-child relationship be maintained without regard to the emotional cost to the child. 15 V.S.A. § 650; In re M.B., 162 Vt. 229, 239, 647 A.2d 1001, 1007 (1994). Indeed, termination or denial ab initio of parental rights is expressly envisioned; 33 V.S.A. § 5540, which defines the “best interests of the child,” contemplates that a judicially mandated end to the relationship may be in the best interests of the child. With these standards in mind, we consider the family court’s disposition of the motion to dismiss.

¶ 8. Here, for purposes of evaluating the motion, the family court was required to take as true appellant’s assertions in his pleadings with the court. Appellant’s pleadings uniformly stated that the mother of the child — as distinct from mother’s mother, who was the named defendant in the family court and is the appellee here — did not necessarily oppose the establishment of parental rights and responsibilities, and wanted to become pregnant in the first instance.

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Bluebook (online)
2007 VT 89, 939 A.2d 466, 182 Vt. 594, 2007 Vt. 89, 2007 Vt. LEXIS 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leclair-v-reed-ex-rel-reed-vt-2007.