W. v. W.

779 A.2d 716, 256 Conn. 657, 2001 Conn. LEXIS 277
CourtSupreme Court of Connecticut
DecidedJuly 17, 2001
DocketSC 16429
StatusPublished
Cited by16 cases

This text of 779 A.2d 716 (W. v. W.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
W. v. W., 779 A.2d 716, 256 Conn. 657, 2001 Conn. LEXIS 277 (Colo. 2001).

Opinion

Opinion

SULLIVAN, C. J.

This appeal from a marital dissolution judgment presents the issue of whether, under the circumstances of this case, the trial court properly estopped the nonbiological father of a minor child from denying his parenthood when a previously missing biological parent has been found. The defendant, the nonbiological father of the minor child involved in this appeal, claims that the trial court improperly concluded that he was ¿stopped from continuing to deny his paternity of the minor child for the purposes of child support, despite the fact that the natural father had been located and presumably could be pursued for that support. The defendant argues that the financial detriment previously caused to the plaintiff, the child’s mother, and to the child, no longer exists and that, as a result, equitable estoppel is now inappropriate. We affirm the trial court’s judgment estopping the defendant from denying [659]*659paternity and ordering him to pay the plaintiff child support.

In the earlier appeal in this marital dissolution case, from the denial of a motion to modify a pendente lite child support order, this court held that the trial court had acted properly when it equitably estopped the defendant husband from denying paternity of the wife’s older child. W. v. W., 248 Conn. 487, 505, 728 A.2d 1076 (1999). We set forth guidelines outlining when a court properly may estop a party from denying paternity and the appurtenant child support obligations. We also concluded that the equitable estoppel doctrine imposes a burden on the party seeking to invoke the doctrine to demonstrate representations of financial and emotional support. Id., 502.

We then examined the findings by the trial court causing it to apply the doctrine in that case. Specifically, the trial court’s decision had been predicated on the following facts. The defendant had always acted as if he were the father of the child, supplying her with emotional and financial support throughout her lifetime. Id., 504. In addition, his actions had induced the child and her mother to believe that he would always emotionally and financially support the child as his own. Id. Also, the child and mother had relied on those assurances to their present and future detriment. Id. The trial court had also relied upon the fact that the defendant’s actions had interfered with the plaintiffs ability to pursue the biological father for child support. Id., 505. At the time of the trial court’s decision, the whereabouts of the biological father were unknown. Id.

After the issuance of this court’s opinion affirming the trial court’s application of the equitable estoppel doctrine, and by the time of the final dissolution trial, the plaintiff had learned the alleged biological father’s address, and both she and the child had spoken with him [660]*660on the telephone. Nonetheless, the trial court rendered judgment requiring the defendant to continue to pay child support. This appeal followed.1

In the present appeal, the defendant claims that because the biological father has been located and the mother is presumably able to pursue financial support from him, the defendant should no longer be estopped from denying paternity and providing support. The defendant argues that, since the putative father can be held responsible for child support, equitable estoppel against the defendant is no longer appropriate. We disagree and affirm the judgment of the trial court.

Our standard of review is necessarily the same as that which we applied in W. v. W., supra, 248 Conn. 495-97. “To begin, it is well settled that judicial review of a trial court’s exercise of its broad discretion in domestic relations cases is limited to the questions of whether the court correctly applied the law and could reasonably have concluded as it did. E.g., Smith v. Smith, 185 Conn. 491, 494, 441 A.2d 140 (1981); Basile v. Basile, 185 Conn. 141, 144, 440 A.2d 876 (1981); McGuinness v. McGuinness, 185 Conn. 7, 13, 440 A.2d 804 (1981) . It is the sole province of the trial court to weigh and interpret the evidence before it and to pass upon the credibility of witnesses. Smith v. Smith, supra, 493. Beede v. Beede, 186 Conn. 191, 194-95, 440 A.2d 283 (1982) .

“The party claiming estoppel—in this case, the plaintiff—has the burden of proof. Middlesex Mutual Assurance Co. v. Walsh, 218 Conn. 681, 699, 590 A.2d 957 (1991). Whether that burden has been met is a question of fact that will not be overturned unless it is clearly erroneous. Dornfried v. October Twenty-Four, Inc., 230 Conn. 622, 636, 646 A.2d 772 (1994); Middlesex Mutual [661]*661Assurance Co. v. Walsh, supra, 699. A court’s determination is clearly erroneous only in cases in which the record contains no evidence to support it, or in cases in which there is evidence, but the reviewing court is left with the definite and firm conviction that a mistake has been made. Dornfried, v. October Twenty-Four, Inc., supra, 636; see also Barbara Weisman, Trustee v. Kaspar, 233 Conn. 531, 541, 661 A.2d 530 (1995). The legal conclusions of the trial court will stand, however, only if they are legally and logically correct and are consistent with the facts of the case. Pandolphe’s Auto Parts, Inc. v. Manchester, [181 Conn. 217, 221-22, 435 A.2d 24 (1980)]. Accordingly, we will reverse the trial court’s legal conclusions regarding estoppel only if they involve an erroneous application of the law. See Deer Hill Arms II Ltd. Partnership v. Planning Commission, 239 Conn. 617, 628, 686 A.2d 974 (1996).

“Strong public policies have long formed the basis of the doctrine of equitable estoppel. The office of an equitable estoppel is to show what equity and good conscience require, under the particular circumstances of the case, irrespective of what might otherwise be the legal rights of the parties. . . . State ex rel. DeGregorio v. Woodruff, 135 Conn. 31, 36, 60 A.2d 653 (1948). No one is ever estopped from asserting what would otherwise be his right, unless to allow its assertion would enable him to do a wrong. Hartford v. Mechanics Savings Bank, 79 Conn. 38, 41, 63 A. 658 (1906).

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Bluebook (online)
779 A.2d 716, 256 Conn. 657, 2001 Conn. LEXIS 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-v-w-conn-2001.