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Cleo A.E. v. Rickie Gene E.

Supreme Court of Appeals of West Virginia

438 S.E.2d 886 (1993)

Relevant factsFree

After a divorce awarding custody of two children to Cleo A.E. (plaintiff), the father Rickie Gene E. (defendant) agreed to pay child support and, years later while living in Florida, disputed being the natural father of one child, Amber Dawn. A Florida court had earlier found Rickie to be Amber Dawn's lawful father and ordered support, but a later West Virginia order simply adopted a stipulation by both parents that Rickie was not Amber Dawn's natural father, without any hearing or explanation. The state's Child Advocate Office appealed, arguing Amber Dawn's own interests had been ignored.

IssueFree

Whether the best interests of a child are paramount and, whenever possible, require the establishment of paternity and a child-support obligation.

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