Andrew Wolfson's story, Man who was deceived about paternity retains custody online in today's Courier-Journal reports:
The Kentucky Supreme Court has ruled that people who deceive their spouses into thinking that a child is theirs cannot later contest their right to custody -- even if DNA tests show they are not the parent.
The court unanimously upheld a lower court ruling granting primary custody to Ren Ricky Hinshaw, whose wife led him to believe he was the father of their child until they divorced and she produced genetic testing showing the child wasn't his.
What caught my eye in the article was the statement, The Supreme Court said that if Hinshaw had known that he wasn't the father when the child was born, he could have tried to adopt him. Perhaps this footnote us some insight into where the court is heading as it considers the other husband/bio dad pending case argued the same day but not yet decided.DLJ reported on the Hinshaw decision and linked to the opinion here. A long list of posts concerning this case and the companion case in the Kentucky Supreme Court can be found be clicking on the "paternity" category on the left sidebar.
In my opinion it was a very good and right decision!
Posted by: gv70 | November 04, 2007 at 12:43 PM