Michael N. v. Brandy M. (Signed Opinion)
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The Supreme Court reversed the order of the circuit court affirming a family court order dismissing a petition seeking genetic testing to establish paternity and allocate custodial responsibility filed by Petitioner, holding that the circuit court erred by affirming the family court's ruling that Petitioner lacked standing to initiate a paternity action.
Following a hearing, the family court issued an order directing paternity testing. Prior to genetic testing, Respondents were granted a writ of prohibition prohibiting enforcement of the family court's order, finding that Petitioner lacked standing to initiate the paternity action. The Supreme Court reversed, holding (1) a petition by a putative biological father seeking to establish his paternity over a child who was born while the mother was married to another man satisfies the "special circumstances" exception in State ex rel. Roy Allen S. v. Stone, 474 S.E.2d 554 (W. Va. 1996), if certain conditions are met; and (2) under the narrow and specific facts of this case Petitioner had standing to pursue his paternity action.
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