R.N. v. J.M.

61 S.W.3d 149, 347 Ark. 203
Supreme Court of Arkansas·Decided December 6, 2001·No. 01-174·Published·Cited by 47 cases

Opinions

J IM HANNAH, Justice.

Appellant R.N. appeals the decision of the Craighead County Chancery Court1 denying his petition to establish paternity of a minor child, A.M., who was born to Appellee J.M. during her marriage to Appellee B.M. J.M. and B.M. are still married. In this appeal, we are asked to interpret and harmonize Ark. Code Ann. §§ 9-10-104 (Repl. 1998 and Supp. 2001), 9-10-108 (Repl. 1998 and Supp. 2001), and 16-43-901 (Repl. 1999), which deal with the estabhshment of paternity.

The facts of this case are essentially undisputed. J.M. and B.M. were married in 1992 and are still married. Between late 1996 and early 1997, J.M. and R.N. were involved in an ongoing sexual relationship. During this period of time, J.M. continued to have sexual relations with her husband, B.M. J.M. gave birth to a child, A.M., on August 17, 1997. A.M. has lived with J.M. and B.M. since her birth. While R.N. claims that J.M. told him that “she was 99 percent sure the child was his,” J.M. claims she only said “it was like 95 percent sure” that R.N. was the father of the child. Although R.N. has not established a relationship with A.M., he testified that he wanted to establish a relationship with the child, but that J.M. would not allow him to see her. Since A.M.’s birth, R.N. has seen the child on two occasions, once at J.M.’s home and again at R.N.’s office.

On April 7, 1998, R.N. filed the petition for paternity, and on April 20, 1998, he filed a motion for paternity testing pursuant to Ark. Code Ann. § 9-10-108. J.M. responded denying that R.N. is A.M.’s father and moved to dismiss the action on three grounds: (1) R.N. lacked standing because A.M. is presumed to be legitimate, and the Arkansas paternity statutes only apply to illegitimate children; (2) R.N. has no constitutionally protected interest because he has not established a relationship with A.M.; and (3) R.N. should be equitably estopped from bringing the paternity action because he waited until A.M. was almost nine months old before filing the paternity action.

After a hearing on August 31, 1999, the chancellor granted J.M.’s motion to dismiss R.N.’s petition for paternity. In the order entered on August 15, 2000, the court found that as a matter of law R.N. lacked standing to bring the paternity action and that he is equitably estopped from bringing the action. The trial court also adopted as its conclusions of law the legal arguments in J.M.’s motion to dismiss and brief in support of the amended response to the motion for paternity testing. The pleadings were incorporated by reference in the court’s order.2

I. Standing

In his first point on appeal, R.N. argues that section 9-10-104 of the Arkansas paternity statutes grants him standing and that section 9-10-108 requires the trial court to order paternity or DNA testing upon motion of either party. See Ark. Code Ann. §§ 9-10-104 and 9-10-108. In response, J.M and B.M. contend that R.N. lacks standing under section 9-10-104 because that section grants standing to a putative father only when the child is illegitimate, and A.M. is presumed to be legitimate as she was conceived and born during marriage. J.M. and B.M. further assert that paternity testing should be controlled by Ark. Code Ann. § 16-43-901, which permits the trial judge to order paternity testing if the judge concludes such testing is in the child’s best interest. R.N. responds that section 9-10-104 specifically grants a putative father the right to petition to establish paternity even when the child is presumed legitimate. He states that even though being conceived and born during marriage creates a presumption of legitimacy, that presumption is rebuttable by evidence of impotency, lack of access between husband and wife, or genetic testing. R.N. argues that the use of the phrase “the trial court shall order” in section 9-10-108 makes genetic testing mandatory upon either party’s motion. He relies on our canon of statutory interpretation that a general statute must give way to a specific statute to support his contention that the mandatory language of section 9-10-108 controls because it is specific to a paternity action; whereas, the permissive language in section 16-43-901 is general in that it applies to any court action.

The resolution of the question of R.N.’s standing to petition for paternity requires us to interpret the Arkansas paternity statutes. We review issues of statutory construction de novo because it is our responsibility to determine what a statute means. Clemmons v. Office of Child Support Enforcement, 345 Ark. 330, 47 S.W.3d 227 (2001) (citing Stephens v. Arkansas School for the Blind, 341 Ark. 939, 20 S.W.3d 397 (2000) and Hodges v. Huckahee, 338 Ark. 454, 995 S.W.2d 341 (1999)). While we are not bound by the trial court’s ruling, we will accept the trial court’s interpretation of a statute unless it is shown that the trial court erred. Id. The purpose of statutory interpretation is to give effect to the intent of the General Assembly. Ford v. Keith, 338 Ark. 487, 996 S.W.2d 20 (1999). We first seek the legislature’s intent by giving the words of the statute their ordinary and usual meaning in common language. Stephens v. Arkansas School for the Blind, 341 Ark. 939, 20 S.W.3d 397 (2000). Where the meaning is clear and unambiguous, we do not resort to the rules of statutory interpretation. Id.

R.N. filed his petition to establish his paternity of A.M. under section 9-10-104 of the paternity statutes. This section was amended by Act 1184 of 1995 to read as follows:

9-10-104. Suit to determine paternity of illegitimate child. Petitions for paternity establishment may be filed by:
(1) A biological mother;
(2) A putative father;
(3) A person for whom paternity is not presumed or established by court order; or
(4) The Office of Child Support Enforcement.3

R.N. asserts that section 9-10-104 plainly creates standing for him as a putative father. A “putative father” is defined throughout the Arkansas Code as any man not legally presumed or adjudicated to be the biological father of a child, but who claims or is alleged to be the biological father of the child. See Ark. Code Ann. §§ 9-9-501(11) (Repl. 1998), 9-27-303(42) (Supp. 2001), 16-43-901 (h) (Repl. 1999), 20-18-701(5) (Repl. 2000). R.N. claims to be the biological father of A.M., but he is not legally presumed or adjudicated to be the biological father of A.M. Thus, R.N. is, by statutory definition, a putative father.

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R.N. v. J.M., 61 S.W.3d 149, 347 Ark. 203 (Ark. 2001).

61 S.W.3d 149 (R.N. v. J.M.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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