Case Conclusion Date: 10.29.2009
Practice Area: Family
Outcome: Mr. Anderson successfully argued that the requirements of Tenn. Code Ann. § 36-2-304(b)(2) had not been met and that Appellant is the child's biological and legal father. The Appellate Court reversed the ruling of the trial court and remanded.
Description: This is a petition to establish parentage case. Father/Appellant appealed from the dismissal of his petition in the Shelby County, Tennessee Juvenile Court. The juvenile court erred in finding that Mother and Moss met the requirements of Tenn. Code Ann. § 36-2-304(b)(2). Accordingly, the Tennessee Court of Appeals found that Mother and Moss cannot rely on the twelve month statute of limitation. Further, finding that the Special Judge improperly excluded the DNA test results and that the results indicate a 99.999% probability that Appellant is the biological father of Child, the Court of Appeals found that Appellant is both the biological and legal father of Child. <a href="http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/094/Wm%20A%20Watermeier%20v%20Sherry%20D%20and%20Thomas%20R%20Moss%20OPN.pdf" target="_new">William Alan Watermeier v. Sherry Dunaway Moss and Thomas R. Moss, III</a>