Reese v. Muret

150 P.3d 309 (2007)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Sam married Deloris and gave birth to a daughter named Heather. Heather's birth certificate named Sam as her father. Deloris and Sam divorced on July 12, 1972. The divorce pleadings acknowledged Heather as a child of the union. The district court ordered Sam to pay child support and granted Sam visitation with Heather. In November 1972, Sam filed a motion to terminate his child support payments, alleging that Deloris 'took the minor child of said parties and disappeared.' Sam's motion further alleged that Deloris was unfit and that he should have custody of Heather. In December 1972, the district court entered an order terminating Sam's child support until Deloris could show just cause to have the child support reinstated. Deloris never reinstated Sam's child support obligation, but Sam's Aunt Irene provided financial assistance to Deloris and Heather. Sam married Sandra in October 1976. According to Sandra, Sam said that Heather was not his child. Sam and Sandra had no children. They separated in September 1988 and divorced in 1990. Sandra moved back in with Sam in 1994, moved out again in 1995, and remarried him in 1996. After their remarriage, Sandra did not live with Sam but visited him occasionally on weekends. Before Sandra moved back in with Sam in 1994, he executed a will leaving everything to his sisters, Camille and Anna Jane. On December 10, 2002, Sam visited with an attorney about his estate. Sam told the attorney that he had a daughter. The attorney perceived that there was tension between Sam and Sandra regarding Sam's daughter, but Sam did not explain the situation. On or about December 13, 2002, Sam committed suicide. Heather petitioned to appoint administrators for Sam's estate. Sandra responded to Heather's petition, denying that Heather was Sam's daughter and requesting the court to appoint her as the administrator for Sam's estate. Sandra also filed a petition in the probate action for genetic testing to determine whether Sam was Heather's biological father. Heather filed a paternity action seeking a determination that Sam was Heather's father. Sandra filed a motion to intervene and a motion for genetic testing. The district court held that it was not in Heather's best interests to conduct genetic testing and denied Sandra's motion. Sandra appealed.