Sinicropi v. Mazurek

729 N.W.2d 256 (2006)

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Nature of the Case

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Facts

The child was born out of wedlock in 1999 to Mazurek (M) while she was in a relationship with P, but Sinicropi (BF) is the biological father of the child as established by DNA testing. P and M executed an acknowledgment of parentage on the child's birth. None of the parties was aware that BF was the biological father until 2004 when the DNA testing was conducted given the child's developing physical characteristics and appearance. P raised the child as his own with M. They split up in 2001, and P filed a custody action. They immediately stipulated the entry of a consent order giving them joint legal and physical custody. In 2004, P sought sole custody after M moved. An ex parte order was entered granting P sole custody pending an evidentiary hearing. The court refused to dismiss P's custody action and to revoke the acknowledgment of parentage as requested because res judicata and collateral estoppel arising out of the consent order of joint custody would not allow it. BF filed a paternity action under the Paternity Act. The court eventually entered an order of filiation that recognized BF as the child's father, yet the acknowledgment of parentage was not revoked. The trial court had rejected P's argument that BF lacked standing to file a paternity action. The trial court awarded sole physical custody of the child to P, awarded P and M joint legal custody, and awarded M parenting time. M and BF were both ordered to pay child support. Everybody appealed.