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
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.
and Procedural History
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.
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
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.
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.
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.
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.
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 ...