Pineda v. Honore (2017) & Claims of Attorney Misrepresentation

It's best to have children within marriage to prevent complications. In law, it is assumed that children born to a married couple are their biological children, which simplifies things for couples who have children after getting married. If couples aren’t married, this can lead to controversy. For instance, if couples have children outside of marriage, there is the possibility of having ‘contested parentage,’ in which a challenge against the presumed father is either brought by the mother or another alleged father. This was what happened in the case of Pineda v. Honore (2017). In this case, the mother wanted an affidavit of parentage thrown out on the grounds of misrepresentation. Let’s look at the details of this importance case.

Overview of the Case

The couple in this case had an “on again, off again” relationship, essentially meaning that the relationship was unstable over a period of time. For a certain length of time, they were together, but then they would frequently break up, temporarily reconcile, and then break up again. During one of their periods of reconciliation, they conceived a daughter in 2009. Soon after the birth of the child, an affidavit of parentage was signed by both parties, and the male party in the case was identified as the father. Then, after that signing, a formal birth certificate was produced, and again that same man was identified as being the child’s father. At one point, the mother attempted to relocate with the daughter to South Carolina. Soon after that attempt, the father filed a court motion to achieve primary custody of the daughter. The mother also filed a counterclaim to challenge this custody motion, and in her motion she also denied that the father was in fact the biological parent of the child. She requested a paternity test, and this request was denied by the trial court. The mother appealed.

Outcome & Discussion

At the trial court, the judge determined that the available evidence pointed to a decision that the father was the more fit parent, and that the father could provide a more stable and healthier environment for the child. Consequently, the judge awarded the father with primary physical custody, while the mother had visitation rights. The trial court viewed the mother’s request for a paternity test as a means for her to potentially undermine the evidence which weighed in favor of the father (and his greater fitness as a parent). Furthermore, the trial court noted that parties have 60 days to rescind an affidavit of parentage, and after that the document becomes quite difficult to throw out. Essentially, only evidence of outright fraud or attorney misrepresentation can void an affidavit of parentage following the 60day deadline. After that deadline, a party cannot simply demand a paternity test in order to potentially alter a custody analysis. In this case, the court found no evidence of misrepresentation or fraud, and so the denial of the mother’s request at the trial court was upheld on appeal.

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