Michael N. v. Brandy M. and Allen M.

Summary

This is a dissenting opinion in a West Virginia Supreme Court of Appeals case concerning whether a putative biological father may establish paternity of children born while their mother was married to another man. The dissent argues that the majority improperly expanded judicially created exceptions to West Virginia Code § 48-24-101 and intruded on the Legislature’s authority, while also questioning whether the children’s best interests were adequately protected.

Holdings

1. The dissent would hold that expanding the Stone exceptions to permit the petitioner's paternity action improperly rewrites West Virginia Code § 48-24-101 and invades the Legislature's lawmaking authority.

Questions Presented

1. Whether a putative biological father may assert paternity over children born while their mother was married to another man when the statutory standing requirements do not expressly authorize the action.
2. Whether the Supreme Court may expand the judicially created exceptions to West Virginia Code § 48-24-101 to recognize standing based on a paternal relationship allegedly prevented from developing by the conduct of others.
3. Whether the statutory limitations on paternity standing should be modified by the Court or instead addressed by the Legislature.

Disposition

other