Wright V. Romer Case Summary

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johneb57@e.coolworks.com FACTS AND PROCEEDINGS Married in August of 1972 and after sixteen years of marriage, in June of 1988 Darlene Wright filed a complaint for divorce from Richard H. Romer. Wright's complaint listed four children born of the marriage, the youngest being three-year-old Richard Michael, hereafter referred to as R.M., born in April of 1985. In August of 1988 Richard Romer answered the complaint, acknowledging that all four of Wright's children were born of the marriage. The following year Wright amended her complaint to assert that R.M. was not born of the marriage. R.M. was never mentioned again in the divorce proceedings. Wright and Romer eventually, with no provision for R.M.'s custody or support, settled all issues…show more content…
Beistline in Fairbanks. The judge granted partial summary judgment in CSED's favor and denied summary judgment to Kovac. Judge Beistline found that the superior court in Bethel had effectively disestablished Romer's paternity in May 1996 when it declared that R.M. was not a child of the Romers' marriage. Judge Beistline further found that the recent blood test clearly and convincingly established Kovac's biological paternity and that Kovac had failed to present sufficient evidence to justify a trial on his claim that Romer should be estopped from denying paternity. Accordingly, the judge declared Kovac to be R.M.'s father and directed him to pay R.M.'s support from the date of the Bethel order…show more content…
does not constitute a court order sufficient to override the presumption of paternity. Likewise, we find that failure on the part of Darlene Romer to respond to a request for admission under Civil Rule 36 admitting that Richard Romer is not the biological father of R.M., does not constitute clear and convincing evidence to rebut paternity, in the opposite, the superior court finding that “the plaintiff is not the father of R.M. and owes no support” is clearly erroneous because it makes no mention of the standard of proof it used as opposed to that set out in AS 25.20.050 Legitimation by subsequent marriage, acknowledgment in writing, or

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