Family Law: HINSHAW V. HINSHAW (Modified 10/13/2006 COA)

HINSHAW V. HINSHAW
FAMILY LAW:  Equitable estoppel precluding denial of father’s paternity
2005-CA-000834
PUBLISHED: AFFIRMING (SENIOR STATUS JUDGE BUCKINGHAM)
DATE RENDERED: 9/1/2006;  MODIFED:  10/13/2006

Mother claimed dad father of her child. Filed for divorce again claiming he was the father, but later offered DNA testing to show he was not the father.  She filed third party claim against biological father.   The family court concluded that equitable estoppel applied to preclude Jacqueline from challenging Ren’s custody rights based on DNA testing.  The court found that Ren was Asher’s legal father, and it determined that the parties were on equal footing in the matter of custody. The court then ordered that the parties should share joint custody, with Ren being the primary residential custodial. Further, the court directed Jacqueline to pay $25,000 of Ren’s attorney fees.

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