Corey D. v. Michelle H. (Signed Opinion)
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The Supreme Court vacated the decision of the circuit court affirming the family court's determination that Respondent was the legal father of Child, holding that the circuit court erred in upholding the family court's paternity determination.
The family court concluded that Respondent was the legal parent of Child and conducted both a de facto adoption and de facto termination of parental rights. In affirming the determination of the family court, the circuit court upheld the family court's refusal to admit DNA test results demonstrating that Petitioner was Child's biological father. The Supreme Court vacated the decisions of the lower courts and remanded the case, holding (1) the lower courts erred in their decision to disregard the paternity test results; and (2) to the extent that both a de facto adoption and termination of parental rights occurred in family court, the court acted beyond its jurisdiction.
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