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eBook details

• Title: Matter Of Paternity Of Sdm
• Author : Supreme Court of Wyoming
• Release Date : January 10, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The essential issue in this case is whether a minor child is foreclosed by preclusive legal doctrines from an action to establish paternity. The action was commenced by the child's mother in the name of the child after the mother had stipulated to the dismissal with prejudice of an action to establish paternity filed by the mother and after a decree of divorce in which the child was declared the issue of the marriage of the mother and her husband. The putative father (RKS), relying upon the doctrines of res judicata, collateral estoppel, judicial estoppel, and laches, sought dismissal of the action. The district court ruled the child was not foreclosed from pursuing the paternity action; found RKS was the natural father; and ordered child support, payment and provision of certain costs, expenses, and additional benefits by RKS. We hold a minor child has a separate and independent cause of action to establish paternity under our statutes, and the child was not foreclosed from that action by the earlier proceedings because the child was not a party to them. The Decree of Paternity entered by the district court is affirmed.

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