Vaidik, C.J.
Case Summary
While Benjamin Sheetz (“Husband”) and Ronnie Sheetz (“Wife”) were married and Husband was in prison, Wife got pregnant by another man. Nevertheless, Husband agreed to raise the child as his own and did so for twelve years. He also told Wife not to contact the biological father, not to seek support from him, and not to institute paternity proceedings. Wife later filed for divorce, and at the final hearing, the parties entered into evidence a stipulation that although the child was born during the marriage, Husband is not the child’s biological father. The trial court nonetheless ordered Husband to pay support for the child, and Husband now appeals.
Under these circumstances where Husband told Wife when she was pregnant that he would raise the child as his own (and he did so for twelve years), Husband told Wife not to tell the biological father, not to seek support from him, and not to file a paternity action, and Wife relied on Husband’s representations in not establishing paternity in the biological father, we find that Husband is equitably estopped from rebutting the presumption that he is the child’s biological father. We therefore affirm the trial court.
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Moreover, public policy supports applying equitable estoppel here, because if not, G.B.S. essentially would be left without a father. [Footnote omitted.] Recognizing this concern, Russell acknowledges that a trial court can withhold approval of a stipulation from a divorcing husband and wife that a child is not a child of the marriage until paternity is established in another man in a paternity action collateral to the dissolution action. 682 N.E.2d at 519 (“[S]uch actions may be the only way in which to establish the paternity of a man other than [the] divorcing husband so as to satisfy the dissolution court that the child is not a child of the marriage and permit the divorce to proceed.”). [Footnote omitted]
Applying the principles of equitable estoppel requires the good judgment of the factfinder looking at the circumstances of each case. Under the circumstances of this case where Husband told Wife when she was pregnant that he would raise G.B.S. as his own (and he did so for twelve years), Husband told Wife not to tell the biological father, not to seek support from him, and not to file a paternity action, and Wife relied on Husband’s representations in not establishing paternity in the biological father, Husband is equitably estopped from rebutting the presumption that he is G.B.S.’s biological father. [Footnote omitted.]
We therefore affirm the trial court. [Footnote omitted.]
Affirmed. Baker, J., concurs. Najam, J., dissents with separate opinion.
Najam, Judge, dissenting.
I respectfully dissent. The majority opinion that “Husband is equitably estopped” from claiming that G.B.S. is not a child of the marriage is contrary to law. See Slip op. at 9. The Dissolution of Marriage Act as well as precedent of the Indiana Supreme Court and this court have established that a child support order in a dissolution of marriage can be entered only for a child of both parties to the marriage. Indiana does not recognize equitable estoppel, adoption by estoppel, or in loco parentis as grounds for a child support order. That is, there is no equitable paternity in Indiana. The dissolution court erred when it ordered Husband to pay child support for a child who is neither his biological child nor his adopted child and who is, therefore, not a child of both parties to the marriage.[Footnote omitted.]
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