Middleton v. Middleton

ALLEN, Judge.

The appellant challenges a dissolution order which indicated that he was not the biological father of the pregnant appellee’s yet-to-be born child. In light of the due process concerns which are impacted by the circumstances of this case, we conclude that the determination of paternity was premature.

This action was initiated when the incarcerated appellant petitioned for dissolution. The appellee counterpetitioned, averring that she was pregnant but alleging that the appellant was not the father of the yet-to-be bom child. The appellant responded that he could possibly be the…