Bay County Prosecutor v. Nugent

Plaintiff appeals as of right the trial court’s dismissal of his complaint to revoke defendant’s acknowledgment of parentage. We reverse and remand for further proceedings consistent with this opinion.

On June 25, 2004, Amy Dyjak gave birth to a son. Dyjak was dating defendant Richard A. Nugent, who was married but in the process of seeking a divorce. Defendant signed an affidavit of parentage acknowledging his paternity of Dyjak’s son. Defendant had undergone a vasectomy three to four years before the child was conceived; however, he believed that he could be the child’s biological father…