State v. Thomas

584 N.W.2d 421, 1998 Minn. App. LEXIS 1047, 1998 WL 611102
CourtCourt of Appeals of Minnesota
DecidedSeptember 15, 1998
DocketC5-98-109
StatusPublished
Cited by9 cases

This text of 584 N.W.2d 421 (State v. Thomas) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Thomas, 584 N.W.2d 421, 1998 Minn. App. LEXIS 1047, 1998 WL 611102 (Mich. Ct. App. 1998).

Opinion

OPINION

RANDALL, Judge.

Appellant argues that the district court erred when it adjudicated him to be the father of the minor child and argues that the court based its decision solely on the results of genetic blood testing. We affirm.

FACTS

On January 21, 1992, C.S.N. was born during the marriage of respondent Kelleen Joy Lane (f/k/a Kelleen Joy Nyman) and respondent Todd William Nyman. Lane and *423 Nyman were married at the time, but later divorced in December 1996. During the dissolution proceedings, the paternity of C.S.N. was questioned and the issues of child support and paternity were reserved pending the results of genetic testing. The parties were granted joint legal custody of C.S.N. In the event that genetic blood testing eliminated Nyman as the biological father, the district court granted Nyman visitation “due to the close parent-child relationship existing between [C.S.N.] and [Nyman].”

Genetic blood testing samples of Lane, C.S.N., and Nyman were taken in November 1996. The results statistically excluded Ny-man as the biological father. Later genetic blood testing conducted in March 1997, established a 99.99% probability that appellant Kevin James Thomas was the biological father of C.S.N.

On December 31, 1996 and August 30, 1997, both Thomas and Nyman were served with complaints to determine the paternity of C.S.N. The matters were consolidated, and on October 17,1997, the district court adjudicated Thomas to be the father of C.S.N. On December 22, 1997, the district court amended its earlier order to find that there was no just reason for delay in the entry of judgment, adjudicating Thomas to be the father of C.S.N. The court also reserved the issues of Thomas’s visitation rights, child support, medical support, childcare expenses related to work or education, and “lying-in” expenses.

ISSUE

Did the district court err in adjudicating appellant to be the biological father of the minor child under the Minnesota Parentage Act?

ANALYSIS

Because a paternity action is a civil action governed by the rules of civil procedure,'summary judgment can be appropriate. Johnson v. VanBlaricom, 480 N.W.2d 138, 140 (Minn.App.1992). On appeal from summary judgment, this court asks (1) whether there are any genuine issues of material fact and (2) whether the lower court erred in its application of the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn.1990). This court must view the evidence in the light most favorable to the party against whom judgment was granted. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993). The interpretation of the Minnesota Parentage Act, Minn.Stat. §§ 257.51-.75 (1996), is a question of law that this court reviews de novo. R.B. v. C.S., 536 N.W.2d 634, 637 (Minn.App.1995).

Here, oddly, the Parentage Act contains a presumption of paternity in favor of Nyman, who we know is not the father, along with a presumption of paternity of Thomas, who we know is the father of C.S.N. Nyman “is presumed” to be the father of C.S.N. because the child was born during his marriage to Lane and he received the child into his home and openly held her out to be his own. See Minn.Stat. § 257.55, subds. 1(a) (stating man is presumed to be biological father of child if child is born during his marriage to child’s biological mother), (d) (man is presumed to be biological father if man receives child into his home and openly holds out child as his own). Thomas “is presumed” to be the father because genetic blood tests indicate a 99.99% likelihood that he is the biological father. See Minn.Stat. § 257.55, subd. 1(f) (a man is presumed to be biological father if genetic testing establishes statistical probability of man’s paternity to be greater than 99%).

Thomas argues the district court erred in adjudicating him to be the father of C.S.N., even though genetic blood testing held him in at 99.99%. Thomas claims the district court erred by not adjudicating Nyman to be the father of C.S.N., even though genetic blood testing conclusively eliminated Nyman as the father. Thomas simply argues that he has not established in the past, nor has any intention of establishing in the future, a relationship with his child and, thus, he argues C.S.N.’s best interests lie in having the court adjudicate Nyman to be her father. We disagree.

The Parentage Act allows for the possibility of conflicting presumptions of paternity. In re Welfare of C.M.G., 516 N.W.2d 555, 559 (Minn.App.1994); see also Minn.Stat. § 257.55, subd. 2 (providing reso *424 lution of conflicting presumptions of paternity). The presumptions contained in the Parentage Act “are not conclusive of paternity, but rather create a functional set of rules that point to a likely father.” Id. at 558. If two or more presumptions conflict, “the presumption which on the facts is founded on the weightier considerations of policy and logic controls.” Minn.Stat. § 257.55, subd. 2; see also C.M.G., 516 N.W.2d at 560 (quoting Minn.Stat. § 257.55, subd. 2). In R.B., the court stated that

even if the putative father were to present the court with blood tests establishing his paternity, those tests are given no greater weight than the other presumptions listed in [the Parentage Act],

R.B., 536 N.W.2d at 637; see also C.M.G., 516 N.W.2d at 560 (stating, “[w]here competing presumptions of paternity exist, the determination of paternity is no longer solely an issue of biological fact”). A child’s best interests are to be considered in resolving conflicting presumptions of paternity. In re Paternity of B.J.H., 573 N.W.2d 99, 102 (Minn.App.1998); C.M.G., 516 N.W.2d at 560. When resolving such conflicting presumptions, Minnesota recognizes, along with other factors, the importance of not impairing blood relationships. Kelly v. Cataldo, 488 N.W.2d 822, 827 (Minn.App.1992), review denied (Minn. Sept. 15, 1992). The legislature has acknowledged the significance of blood relationships. Id. at n. 7. (“Concerns for marriage and blood relations are seen in the legislature’s announcement of presumptive parental status.”).

The importance of maintaining blood relationships was recognized in B.J.H. In that case, the mother had an affair with the respondent. B.J.H., 573 N.W.2d at 101. Nearly a year later and while still married to her husband, she gave birth to a child. Id. Blood tests determined the respondent to be the biological father. Id.

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

Related

County of Dakota v. Blackwell
809 N.W.2d 226 (Court of Appeals of Minnesota, 2011)
In Re the Estate of Jotham
722 N.W.2d 447 (Supreme Court of Minnesota, 2006)
In Re the Estate of Jotham
704 N.W.2d 210 (Court of Appeals of Minnesota, 2005)
Dorman v. Steffen
666 N.W.2d 409 (Court of Appeals of Minnesota, 2003)
Witso v. Overby
609 N.W.2d 618 (Court of Appeals of Minnesota, 2000)
Losoya v. Richardson
584 N.W.2d 425 (Court of Appeals of Minnesota, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
584 N.W.2d 421, 1998 Minn. App. LEXIS 1047, 1998 WL 611102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thomas-minnctapp-1998.