Booker v. Thomas
Annotate this CaseThe Office of Child Support (OCS) filed a parentage action against Cody Thomas, alleging that he was the biological father of a child born in 2017. However, the complaint was lodged in 2021, beyond the two-year limitations period specified under 15C V.S.A. § 402. The Superior Court, Windham Unit, Family Division dismissed the action due to lack of standing. The OCS appealed to the Vermont Supreme Court, arguing that its standing should be recognized as the action served the child's best interests. The Vermont Supreme Court, however, upheld the lower court's decision. The court determined that the two-year limitation for challenging parentage under § 402 was clear and unambiguous. It further noted that the statute provided for exceptions to this rule, none of which applied in this case. The court stated that allowing parentage claims beyond the two-year limit posed risks to a child's financial and psychological stability. Therefore, enforcing finality in parentage actions was in children's best interests, aligning with the overall purpose of the Vermont Parentage Act. The court concluded that the OCS lacked standing to challenge the child's parentage and affirmed the dismissal of the case.
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