Metzger v. Day

SMITH, J,

OPINION AND ORDER

This is a dispute over whether or not blood tests can be ordered to determine the paternity of Jabe Adam Walters. Alan C. Metzger filed a petition to establish paternity on March 5, 1992 and a subsequent complaint requesting partial custody on April 10, 1992. The court issued an order directing blood tests on April 23,1992, but vacated it when respondent raised the defense that the child was bom to a common law marriage, and therefore it was improper to order blood tests. On June 22, 1992, respondent filed a motion for declaratory judgment of common law marriage.…