When S.A.M. was born, M.M. (“Father”) signed a paternity affidavit and became S.A.M.’s legal father. Over time, suspicion arose that another man, B.H., was S.A.M.’s biological father. However, B.H. died before paternity tests were conducted. Thereafter, B.H.’s father, M.H., filed a paternity action to
determine whether S.A.M. was the biological child of B.H. During that proceeding, Father entered into a mediation agreement (“Mediation
Agreement”) with M.H. Father later asked the trial court to declare that Agreement void ab initio, but the trial court denied his motion. Father now appeals that denial, raising the following restated issues:
(1) Whether the trial court erred when it concluded M.H. had standing as S.A.M.’s next friend to file a petition to establish B.H.’s paternity of S.A.M.;
(2) Whether the trial court abused its discretion in denying Father’s request to declare void the Mediation Agreement;
(3) Whether the trial court abused its discretion in denying Father’s request for attorney fees.
We reverse and remand.
Read the whole opinion.
Randall Parr is an Indianapolis family law attorney. Contact him today.