828 S.E.2d 252
Va. Ct. App.2019Background
- Child W.M. born April 2012; Walter Ryan Matzuk signed a voluntary acknowledgment of paternity at birth stating he was the child’s natural parent.
- Price (mother) later alleged uncertainty about paternity and filed (2017) petitions to disestablish Matzuk’s paternity and to establish Ryan Bedell as father; court ordered genetic testing of Price, Matzuk, Bedell, and the child.
- Genetic testing showed Bedell could not be excluded and had a 99.9999% relative chance of paternity; Matzuk did not complete court-ordered genetic testing but had earlier testified inconsistently about his belief regarding paternity.
- At hearings, Price and Bedell argued the acknowledgment was invalid under Code § 20-49.1 as resulting from a material mistake of fact and that § 20-49.10 independent relief was available based on genetic results; Matzuk argued no material mistake existed because the parties knew paternity was uncertain when he signed.
- The circuit court found (1) the genetic test was scientifically reliable under § 20-49.10, (2) by clear and convincing evidence the acknowledgment resulted from a material mistake of fact under § 20-49.1, and (3) denying relief would effectively terminate Bedell’s parental rights; the court granted disestablishment and established Bedell as father.
- On appeal, the Court of Appeals affirmed, reasoning the plain meaning of “material mistake of fact” encompassed Matzuk’s error in affirming he was the biological parent when later testing proved otherwise.
Issues
| Issue | Price's Argument | Matzuk's Argument | Held |
|---|---|---|---|
| Whether voluntary acknowledgment of paternity may be set aside for a "material mistake of fact" under Va. Code § 20-49.1 | Acknowledgment should be set aside because parties later learned by genetic testing that Matzuk was not the father; the acknowledgment resulted from a material mistake of fact | No mistake: parties knew paternity was uncertain when he signed, so the acknowledgment was deliberate and remains binding | Affirmed: acknowledgment can be set aside; the court found a material mistake of fact existed because Matzuk’s sworn affirmation that he was the biological parent was erroneous once genetic testing excluded him |
| Whether genetic testing under § 20-49.10 independently warranted disestablishment | Genetic test reliably established Bedell as biological father and excluded Matzuk, supporting disestablishment | Contended court could not ignore the binding acknowledgment if no mistake existed; raised but did not prevail on counterargument | Court found genetic testing scientifically reliable under § 20-49.10; appellate decision rested on § 20-49.1 mistake finding as the narrowest ground |
| Whether the trial court erred by considering Bedell’s constitutional parental interests (Troxel) | Argued denial of disestablishment would effectively eliminate Bedell’s parental rights and implicate constitutional interests | Matzuk argued denial would not eliminate Bedell’s rights and court should not base decision on Troxel | Appellate court declined to decide constitutional question as unnecessary; resolution on mistake ground was sufficient |
| Standard of review (evidentiary/legal) | N/A — appellees relied on clear-and-convincing proof at trial | N/A | Circuit court’s factual findings reviewed for being supported by evidence; legal conclusions de novo; court held findings supported by clear-and-convincing evidence |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (2000) (parental rights and court consideration of third-party visitation interests)
- Jones v. Commonwealth ex rel. Moll, 295 Va. 497 (2018) (use ordinary meaning when statute lacks definition)
- Craig v. Craig, 59 Va. App. 527 (2012) (appellate review de novo for statutory interpretation)
- Dep’t of Soc. Servs. v. Flaneary, 22 Va. App. 293 (1996) (trial court factual findings will not be set aside unless plainly wrong or unsupported)
- Rogers v. Wcisel, 877 N.W.2d 169 (Mich. Ct. App. 2015) (partial or doubtful belief in paternity can still be a mistake of fact when excluded by genetic testing)