Weidman v. Weidman

808 A.2d 576 (2002)

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Weidman v. Weidman

Pennsylvania Superior Court
808 A.2d 576 (2002)

Facts

Melissa Weidman (plaintiff) and Robert Weidman (defendant) were married and had two children, Jordan and Miranda. Robert had a vasectomy after Jordan and Miranda were born. Melissa later became pregnant and gave birth to Xavier on September 28, 1998. Robert knew that he was not Xavier’s father, and Melissa never said otherwise. Nevertheless, Robert agreed to name himself as Xavier’s father for Xavier’s birth record and birth certificate because Robert did not want Jordan or Miranda to ask questions about Xavier’s parentage. Robert did not tell anyone that Xavier was his child, but Robert allowed Xavier to call Robert “daddy.” Melissa spent her days sleeping and her nights out on the town instead of taking care of Xavier. Robert bought food, clothes, and diapers for Xavier and took care of Xavier along with Jordan and Miranda. Robert had all three children’s names tattooed on his chest and claimed Xavier as a dependent on the family tax returns. Melissa and Robert separated in January 2000. Robert and Xavier did not visit with each other after the separation. The trial court entered a decree of divorce on September 28, 2001. Melissa later petitioned the court for an order for Robert to support Xavier. The trial court found that the doctrine of estoppel did not prevent Robert from denying his paternity of Xavier and therefore issued an order relieving Robert from the obligation to provide parental support to Xavier. Melissa appealed.

Rule of Law

Issue

Holding and Reasoning (Cavanaugh, J.)

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