W.C. v. J.H., et al.Annotate this Case
W.C. appealed a district court order denying his petition to adjudicate paternity and seeking a determination of residential responsibility, decision making responsibility, parenting time, and child support. W.C. alleges he was the father of a child born to J.H. In November 2013. W.C. and J.H. began a romantic relationship in late 2012 while J.H was married to T.H. The couple divorced in June 2013. Because J.H. gave birth to the child within 300 days of the divorce, T.H. was the presumed father under North Dakota law. The child’s birth certificate did not list a father. In 2018, after the statute of limitations for challenging a presumed father expired, W.C. commenced an action to adjudicate paternity of the child, seeking a determination of residential responsibility, decision making responsibility, parenting time, and child support. The district court scheduled an evidentiary hearing. Before the hearing, J.H. filed a motion to quash discovery, arguing W.C.’s requests for financial and medical records were not relevant, onerous, grossly invasive, and even if provided could not establish facts to support the relief sought in the petition. The district court granted the motion to quash discovery, finding medical and financial records were not relevant. The court thereafter held a hearing on the paternity claim, hearing testimony from W.C., J.H., and T.H. Based on testimony and interrogatory answers from T.H. the district court found W.C. failed to disprove the parent-child relationship. The district court also found W.C. failed to establish T.H. and J.H. did not cohabitate nor engage in a sexual relationship during the probable time of conception. The district court denied W.C.’s petition. W.C. argued on appeal of the district court order that the court abused its discretion in granting a motion quashing discovery. Finding no error, the North Dakota Supreme Court affirmed.