Clark v. Edens
2011 OK 28
Okla.2011Background
- Married Oct 10, 1998; divorced Sep 6, 2002; child M.A.C. born Jan 8, 2001 during marriage.
- Clark seeks declaratory judgment asserting he is presumptive father under 10 O.S.2001 § 2(A)(1) despite divorce decree finding no children.
- Edens opposes relief, citing genetic test within two years of birth showing Clark not the biological father and a divorce petition/waiver indicating no children of the marriage.
- Trial court denied declaratory relief, ruling the divorce decree rebutted presumptions and that Clark waived by his petition.
- Court of Civil Appeals affirmed; the Supreme Court grants certiorari, reverses, and remands for further proceedings, recognizing Clark’s entitlement to declaratory relief and equity-based enforcement of the presumption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the decree finding no children forecloses presumptive paternity | Clark: decree does not resolve rights to an undisclosed child and cannot defeat the presumption | Edens: decree's no-children finding extinguishes paternity claims | No; decree does not preclude presumption of paternity. |
| Whether Clark waived his paternity claim by filing a ‘no children’ petition | Clark: waiver not effective; petition inconsistent with later claim | Edens: waiver by petition precludes later assertion | No; waiver not effective to bar presumption or enforce equitable relief. |
| Whether equity and estoppel support recognizing the presumption despite genetic test results | Clark: equity estops Edens from contesting after seven years of parental relationship | Edens: genetic test should rebut presumption | Equity supports recognizing presumption; remand for custody/support/visitation with guardian ad Litem. |
Key Cases Cited
- Carpenter v. Carpenter, 645 P.2d 476 (Okla. 1982) (declaratory relief and equity in divorce context)
- Cornelius v. Cornelius, 15 P.3d 528 (Okla. Civ. App. 2000) (no-children finding does not bar later paternity action)
- Parker v. Ind. Sch. Dist. I-003 of Okmulgee County, 82 F.3d 952 (10th Cir. 1996) (public policy and nonwaivable presumptions)
- Hoar v. Aetna Casualty and Surety Co., 968 P.2d 1219 (Okla. 1998) (waiver/estoppel principles in litigation)
- Harrell v. Horton, 401 P.2d 461 (Okla. 1965) (judicial estoppel concepts in prior petitions)
- Estate of Bartlett, 680 P.2d 369 (Okla. 1984) (equity relief may address multiple issues)