Gabriel P. v. Suedi D.
Opinion
Opinion
Manella, J.
Appellant Suedi D. appeals from a judgment of paternity determining Gabriel P. to be the biological and presumed father of Seanna D. We reverse and remand for further proceedings.
FACTUAL AND PROCEDURAL BACKGROUND
A. Underlying Events
Suedi and Gabriel first met at an entertainment club when Suedi was approximately 15 years old and Gabriel was approximately 20 years old. Gabriel then believed that Suedi was at least 21. Both were unwed.
Suedi and Gabriel began to have sexual relations, and at some point Seanna was conceived. During this period, Suedi also had sexual relations with Anthony O., who was then approximately 29 years old and also unwed. Suedi led each man to believe that he was Seanna’s father. Suedi testified at trial that Gabriel seemed reluctant to enter into marriage, and thus she also pursued a relationship with Anthony.
Seanna was bom in late February 2001. Just prior to Seanna’s birth, Anthony effectively took up residence in the home of Suedi’s mother, where Suedi lived. He accompanied Suedi to the hospital where Seanna was bom, identified himself as Seanna’s father, and was present during Seanna’s birth. Shortly after the birth, Anthony executed a…