Hinshaw v. Hinshaw

Opinion of the Court by

Justice CUNNINGHAM.

I. Introduction

This case involves Jacqueline Ann Hin-shaw’s appeal of a final judgment of the Jefferson Family Court which awarded Jacqueline and Ren Ricky Hinshaw joint custody of Asher Hinshaw, with Ren designated as the primary residential custodian. The Court of Appeals, in a unanimous decision, agreed with the application of equitable estoppel and affirmed the family court’s judgment.

On appeal, Jacqueline’s principal argument is that the lower court erred when it failed to resolve Ren’s custody rights based on DNA evidence that showed Ren had a…