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Dier v. Peters

815 N.W.2d 1 (2012)

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Dier v. Peters

Iowa Supreme Court

815 N.W.2d 1 (2012)

Facts

Cassandra Peters (defendant) gave birth to a child. Although Peters knew that Joseph Dier (plaintiff) was not the child’s biological father, Peters told Dier that he was the child’s father. Dier financially supported Peters and the child based on Peters’s representation that Dier was the child’s father. Dier filed an action for custody of the child. Peters was concerned that she would not be awarded custody and requested a paternity test. Two paternity tests established that Dier was not the child’s biological father. Dier sued Peters, alleging common-law fraud and seeking to recover the costs of supporting Peters and the child and litigating custody. Peters moved to dismiss the claim, arguing that Iowa does not recognize a cause of action for paternity fraud. The court granted Peters’s motion to dismiss. Dier appealed.

Rule of Law

Issue

Holding and Reasoning (Mansfield, J.)

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