Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Young v. Davis

Court of Appeals of Indiana

December 30, 2019

Phillip Young, Appellant-Petitioner,
v.
Jessica Davis f/k/a Jessica Brummet, Appellee-Respondent, and Dakota Faunce, Appellee-Intervenor.

          Appeal from the Grant Superior Court The Honorable Dana J. Kenworthy, Judge The Honorable Brian F. McLane, Magistrate Trial Court Cause No. 27D02-1510-JP-133

          Attorney for Appellant Kimberly S. Lytle Banks & Brower LLC Indianapolis, Indiana

          Attorney for Appellee Jessica Davis Rebecca M. S. Johnson Spitzer Herriman Stephenson Holderead Conner & Persinger, LLP Marion, Indiana

          BRADFORD, JUDGE.

         Case Summary

         [¶1] We have recognized a significant public policy interest in correctly identifying parents and their offspring. In this case, Phillip Young, knowing that he was not E.Y.'s ("Child") biological father, initiated proceedings to establish himself as Child's legal father. Based on the testimony of Young and Jessica Davis ("Mother"), the juvenile court issued an order establishing paternity in Young. Genetic testing subsequently identified Dakota Faunce as Child's biological father. Given the test results, the juvenile court vacated the previous order establishing Young as Child's legal father and established Faunce as Child's father. We affirm.

         Facts and Procedural History

         [¶2] In mid-2012, Mother engaged in sexual relationships with both Young and Faunce. Around that time, Mother became pregnant. Child was born on April 24, 2013.

         [¶3] Young filed a petition to establish paternity of Child on October 29, 2015. During a November 13, 2015 hearing, Young and Mother indicated that Young was Child's father. Young and Mother also claimed to have executed a paternity affidavit shortly after Child's birth but neither provided a copy of the paternity affidavit to the juvenile court.

         [¶4] On August 9, 2016, while the paternity proceedings were pending and before the juvenile court entered any order establishing Young as Child's father, Mother filed a motion for genetic testing. Young objected to Mother's motion, claiming that Mother was not entitled to genetic testing because they had executed a paternity affidavit. Young did not support his claim by providing the juvenile court with a copy of the paternity affidavit.

         [¶5] On September 6, 2016, Faunce filed a motion to intervene in the ongoing paternity proceedings and for genetic testing. In this motion, Faunce indicated that he "just learned about [the] possibility" that he may be the biological father of Child and sought to intervene to "protect his possible rights and responsibilities as" Child's father. Appellant's App. Vol. II p. 40. He also asked that the juvenile court "enter an Order requiring all parties to submit to genetic testing." Appellant's App. Vol. II p. 41.

         [¶6] On October 26, 2016, the juvenile court issued an order granting Faunce's request for genetic testing. On or about November 28, 2016, more than one year after Young filed his petition to establish paternity, the juvenile court issued an order granting Young's petition to establish paternity. Mother, Faunce, and Young subsequently filed a joint petition requesting that the juvenile court enter an agreed order for genetic testing. The juvenile court granted the joint petition on February 1, 2018.

         [¶7] The results of the genetic testing were filed with the juvenile court on April 20, 2018, establishing a 99.99% probability that Faunce is Child's biological father. Given these results, on May 14, 2018, Mother filed a motion to vacate the November 28, 2016 paternity order. Mother subsequently petitioned the court to enter an order establishing paternity in Faunce.

         [¶8] The juvenile court held a hearing on all pending motions on September 26, 2018. During this hearing, Young, for the first time, provided the juvenile court with a copy of the paternity affidavit that he and Mother executed after Child's birth. On December 26, 2018, the juvenile court issued an order in which it found that Mother knew that Young was not Child's biological father when she and Young executed the paternity affidavit and although Mother had initially falsely informed Faunce that he was not Child's biological father, genetic testing had subsequently confirmed otherwise. The juvenile court also found that "Mother gave admittedly false testimony leading to the establishment of Young as [Child's] father. Young's testimony was doubtful, at best, leading to the establishment of him ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.