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Davis v. Wicomico County Bureau

135 A.3d 419 (2016)

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Davis v. Wicomico County Bureau

Maryland Court of Appeals
135 A.3d 419 (2016)

Facts

After the birth of twin boys, Justin Davis (defendant) executed an affidavit of parentage attesting that he was the boys’ father. Two years later, the Wicomico County Bureau of Support Enforcement (bureau) (plaintiff) filed a complaint against Davis, alleging that because he had attested to being the boys’ father, he was responsible for paying child support. Davis then twice asked the court to order a paternity test, arguing that it would show he was not the boys’ father. He claimed that he was induced to sign the affidavit by fraud or misrepresentation and it should therefore not be enforced. However, he did not present evidence of any fraud or misrepresentation. Further, the boys’ mother testified that she informed Davis he was not the boys’ father during her pregnancy and he nevertheless voluntarily executed the affidavit of parentage after the boys’ birth. The trial court denied Davis’s requests for a paternity test, holding that biological paternity was irrelevant because an affidavit of parentage could be rescinded only for fraud, duress, or material mistake of fact, none of which were credibly before the court. The trial court therefore ordered Davis to pay child support. The state appeals court affirmed, and Davis appealed to the Maryland Court of Appeals, the state’s highest court.

Rule of Law

Issue

Holding and Reasoning (Battaglia, J.)

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