6 Indiana opinions name it 1 courts 2008–2020 0 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Fairrow v. Fairrowgreen2 sentences2020This Court noted that our Supreme Court has found that a legal father may only challenge paternity in extreme and rare instances and that the challenge must be based upon evidence that has become “available independently of court action.” Fairrow v. Fairrow, 559 N.E.2d 597, 600 (Ind. 1990); see also In re Paternity of K.M., 651 N.E.2d 271, 276 (Ind. Ct. App. 1995) (holding that “one who comes into court to challenge an otherwise valid order establishing paternity, without medical proof inadvertently obtained through ordinary medical care, should be denied relief as outside the equitable discre 2018In Fairrow v. Fairrow , 559 N.E.2d 597 (Ind. 1990), our Supreme Court explained such rare circumstances and how evidence may be arrived at independently of court action, where it held that "one who comes into court to challenge a support order on the basis of non-paternity without externally obtained clear medical proof should be rejected as outside the equitable discretion of the trial court." Id. at 600 . | 2 | 3 |
Matter of Paternity of KMgreen1 sentence2020This Court noted that our Supreme Court has found that a legal father may only challenge paternity in extreme and rare instances and that the challenge must be based upon evidence that has become “available independently of court action.” Fairrow v. Fairrow, 559 N.E.2d 597, 600 (Ind. 1990); see also In re Paternity of K.M., 651 N.E.2d 271, 276 (Ind. Ct. App. 1995) (holding that “one who comes into court to challenge an otherwise valid order establishing paternity, without medical proof inadvertently obtained through ordinary medical care, should be denied relief as outside the equitable discre | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re the Paternity of E.M.L.G.
green
2 sentences2018Moreover, a legal father may challenge paternity only "in extreme and rare instances," and the challenge must be made by "evidence that has become available independently of court action." Id. [11] Here, Father executed the paternity affidavits years before moving to have the judgment of paternity set aside, and he has failed to show fraud, duress, or material mistake of fact in the execution of the paternity affidavits. 2018A legal father may challenge paternity only "in extreme and rare instances," and the challenge must be made by "evidence that has become available independently of court action." In re Paternity of E.M.L.G. , 863 N.E.2d at 870 . | 5 | 2008–2018 |
Tirey v. Tirey
green
1 sentence2020This Court has interpreted that guidance to mean “that the evidence establishing non-paternity was not actively sought by the putative father, but was discovered almost inadvertently in a manner that was unrelated to child support proceedings.” Tirey v. Tirey, 806 N.E.2d 360 , 363 n.2 (Ind. Ct. App. 2004). | 1 | 2020–2020 |
In Re Paternity of MM
green
1 sentence2013Other than Father’s bald assertions of fraud, duress, or material mistake of fact, Father has presented us with virtually no record on appeal, much less evidence that this is an extreme, rare, or extraordinary instance or that evidence has become available independently of court action that would allow Father to now, after nine years, rescind his paternity affidavit pursuant to statute.3 In Fairrow v. Fairrow, 559 N.E.2d 597, 600 (Ind. 1990), our supreme 3 Father relies heavily on our decision in In re Paternity of M.M., 889 N.E.2d 846 (Ind. Ct. App. 2008), where we reversed and remanded for t | 1 | 2013–2013 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.