Judge John Hunt
Petitioner Richard alleged he was Michael’s father in this paternity suit. Michael was born out of wedlock, yet mother Alejandra never disputed that Richard was his father. However, Alejandra contended Richard never had a relationship with Michael, while her husband, Daniel, has had a father-son relationship with him nearly his entire life. Accordingly, she argued Richard should be barred from proceeding on the paternity petition under the doctrine of equitable estoppel. The court agreed noting estoppel was invoked in order to protect the status interests of a child in an already recognized and operative parent-child relationship. It concluded Richard should be estopped from litigating this paternity proceeding as Michael had an ongoing parental relationship with his step-father, Daniel, for nearly four years, while there has never been a parental relationship with Richard. It noted while Richard’s attempts at a relationship were frustrated and interfered with by Alejandra, the record also shows Richard was inconsistent in his attempts to develop a relationship with Michael. Hence, the petition was dismissed.
