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Hamilton v. Hamilton

Order denying petition to dispute paternity in child support action affirmed; court's application of paternity by estoppel was supported by the record because, while defendant was not child's biological father, he had signed an Acknowledgment of Paternity and acted and held himself out as child's father.

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�1 Odis Hamilton, Jr. appeals the order denying his petition to dispute paternity in this child support action regarding the child (“A.J.”) of Hamilton’s former wife, Linda D. Hamilton (“Mother”). We affirm.

�2 Mother gave birth to her daughter, A.J., on January 22, 1990 when she was unmarried and prior to her relationship with Hamilton. She listed Craig Jones as the father on A.J.’s birth certificate. It is undisputed that Hamilton is not the biological father of A.J. In 1992, Mother married Derrick Weaver. Once in 1991, and again in 1992 during her marriage to Weaver, Mother filed support actions against other individuals who were later excluded by blood tests as being the father of A.J. In 1993, Mother and Hamilton began a relationship while she was still married to Weaver, and in July 1993, Hamilton signed an Acknowledgment of Paternity, knowing that he was not the biological father of A.J., then three years old. Mother divorced Weaver in 1995 and married Hamilton three months later.

Between July 1993 and December 2000, Mother filed six support actions against Hamilton, withdrawing all but the current one, which was filed in December 2000, the month in which they separated. Hamilton filed for divorce in January 2001. In response to this most recent support action, in February 2001, Hamilton filed a Petition to Dispute Paternity of a Minor Child, requesting that his Acknowledgment of Paternity be rescinded and requesting blood tests.

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