G.M. v. R.G.

Summary

The Supreme Court of Appeals of West Virginia held that a putative father seeking to challenge a prior paternity determination based on alleged fraud was entitled to develop evidence concerning that fraud. The circuit court erred by treating the prior paternity adjudication as unreviewable and refusing to hold a hearing. The case was reversed and remanded for development of the evidence and reconsideration of paternity under the applicable clear-and-convincing-evidence standard.

Holdings

1. When a party alleges that a prior acknowledgment of paternity was induced by fraud, the court may not conclusively rely on the prior adjudication and preclude the party from presenting evidence on that central issue without providing a meaningful hearing.
2. A prior final paternity determination may be reconsidered after the statutory rescission period if the alleged fraud is proved by clear and convincing evidence and the court applies the governing paternity-law preferences, presumptions, and equitable principles.

Questions Presented

1. Whether the circuit court erred by refusing to hold a hearing on R.G.'s allegation that his acknowledgment of paternity was induced by fraud.
2. Whether a prior paternity acknowledgment and resulting paternity determination may be challenged after the statutory rescission period when fraud is alleged and supported by potentially conclusive contrary biological evidence.
3. Whether the circuit court properly increased child support without first addressing the asserted fraud-based challenge to paternity.

Disposition

reversed_and_remanded