J.M. v. M.A.
Annotate this CaseOn the day W.H. was born, seventeen-year-old J.M. signed an affidavit of paternity acknowledging W.H. was his child. More than a decade later county prosecutors sought a support order on behalf of the child's mother. J.M. filed a motion to set aside the paternity affidavit, which the trial court denied, holding his absence at a previous child support hearing ratified his signing of the affidavit. On appeal, the court of appeals held the trial court abused its discretion in denying J.M.'s motion and concluded that a material mistake of fact existed at the time J.M. executed the paternity affidavit. The court directed that the paternity affidavit be set aside and vacated the trial court's order adjudicating J.M. as the legal father and the order of support. On transfer, the Supreme Court reversed the trial court's decision as to paternity and remanded the case to give J.M. the opportunity to challenge the paternity affidavit in the manner outlined in Ind. Code 16-37-2-2(h).
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