320 P.3d 1084
Utah Ct. App.2014Background
- RP., alleged father, petitions to establish paternity under the Utah Uniform Parentage Act (UUPA).
- Wife KS.W. and Husband are married; Wife had an affair with RP. and became pregnant.
- The parties entered a mediated settlement agreement (the Agreement) and filed a stipulation in January 2011.
- Wife later moved to set aside the Agreement and to dismiss RP.'s petition; Husband joined as a party; Wife withdrew her counterpetition.
- The district court dismissed RP.'s petition as lacking standing; RP. appealed, with the appeal treated as a summary-judgment matter.
- The court held RP. lacked standing under the UUPA to challenge the presumed father, and preemption of common law Schoolcraft analysis by the UUPA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RP. has standing to challenge the presumed paternity under the UUPA | RP. argues common law Schoolcraft applies and grants standing | Husband and Wife contend standing is limited by UUPA §607 to the presumed father and the mother | RP. lacks standing under the UUPA |
| Whether the UUPA preempts the common-law Schoolcraft standing analysis | Schoolcraft should apply if not preempted by statute | UUPA preempts Schoolcraft; standing limited to presumed father and mother | UUPA preempts Schoolcraft; standing limited to the presumed father and the mother |
| Effect of Wife's counterpetition on RP.'s standing | Wife's counterpetition admissions would give RP. standing | Counterpetition and Agreement lacked binding adjudication of paternity; does not create standing | Wife's counterpetition does not confer standing to RP. |
| Whether the district court properly dismissed RP.'s petition given the proceedings at issue | District court should consider Schoolcraft factors for standing | District court correctly dismissed as RP. had no standing under the UUPA | District court's dismissal affirmed |
Key Cases Cited
- In re J.W.F. (Schooleraft), 799 P.2d 710 (Utah 1990) (established standing considerations for presumptive paternity)
- Balentine v. Gehring, 164 P.3d 1269 (Utah Ct. App. 2007) (pre-UUPA standing analysis; noted Schoolcraft considerations)
- Pearson II, 182 P.3d 353 (Utah 2008) (discussed standing under Schoolcraft post-UUPA)
- In re Estate of Hannifin, 311 P.3d 1016 (Utah 2018) (preemption analysis of common law by UUPA)
- State v. Watkins, 309 P.3d 209 (Utah 2013) (statutory interpretation and legislative intent guidance)