Gordon v. Hedrick
Annotate this CaseRoger Gordon brought an action against Shannon Hedrick to establish custody and a parenting time schedule for M.H., a minor child. Gordon and Hedrick were in a relationship that began sometime in early 2010 and lasted approximately three years. The two were never married. Hedrick became pregnant around the time that the relationship began. In November of 2010, Hedrick gave birth to M.H. The following day Gordon signed a Voluntary Acknowledgement of Paternity (VAP) affidavit attesting that he was the biological father of M.H. Hedrick also signed the VAP, which stated Gordon “is the biological father of this child” and “I acknowledge that the man named above is the biological father of my child. I consent to the recording of his name, date, and place of birth on the birth certificate of the above-described child.” Following M.H.’s birth, Gordon, Hedrick, and M.H. lived together until Gordon and Hedrick’s relationship ended on February 28, 2013; the next day Gordon filed a complaint to establish custody of M.H. and a parenting time schedule. Hedrick answered and counterclaimed for legal and physical custody of M.H. As part of her counterclaim, Hedrick alleged Gordon “frequently stated he doubts he is the child’s parent. Genetic testing of the parties and child should be done to confirm parentage before entry of further orders.” Gordon denied this allegation. The magistrate court granted Hedrick’s motion and ordered genetic testing, the results of which showed there was a 0.00% probability that Gordon was M.H.’s biological father. Based on the test results, Hedrick moved for summary judgment, asking the magistrate court to dismiss Gordon’s complaint and strike his name from M.H.’s birth certificate. At a hearing on the motion, Gordon argued that he was a de facto custodian under the De Facto Custodian Act. Hedrick responded that Gordon could not be a de facto custodian because he was not related to M.H. within the third degree of blood relation. The magistrate court entered its order dismissing the action, changing M.H.’s name, and directing that Gordon’s name be removed from the birth certificate. Gordon moved for reconsideration which was denied. On appeal, the district court reversed, holding that Hedrick could not demonstrate a “mutual mistake of fact” which the district court found was required to rescind a VAP under Idaho Code section 7-1106(2). Finding no reversible error in the district court's decision, the Supreme Court affirmed.
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