S.R.D., APPELLANT v. T.L.B., FORMERLY T.L.D., APPELLEE, 174 S.W.3d 502

Summary

Despite the mother's occasional statement to the father during the marriage that the youngest child was not his, the father did not challenge paternity at the time of the divorce. Six years after the divorce decree, the father sought to set aside, pursuant to Ky. R. Civ. P. 60.02, the parentage finding as to the youngest child because DNA testing confirmed that the youngest child was not the biological child of the father. The father failed to establish the grounds necessary under Ky. R. Civ. P. 60.02(d) for relief. No fraud was perpetrated on the family court by the mother, as the father made the allegation in the verified petition for divorce that the youngest child was his even though he was previously notified by the mother that the child might not have been his biological child. Lastly, equitable estoppel prevented the father from rebutting the presumption of legitimacy under Ky. Rev. Stat. Ann. § 406.011. The father represented to the child that he was her father even though he ...