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Date: 07-25-2024
Case Style:
Maile Soon v. Jeannine Kamman
Case Number:
Judge: Gerard J. Lvelle
Court: Second Judicial District Court, Bernalillo County, New Mexico
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Albuquerque, New Mexico divorce lawyers represented the parties in a marriage dissolution action involving child custody.
We are reminded yet again that the touchstone of a custody adjudication in New Mexico is not genetics, gender, or family composition, but the best interest of the child. This case requires us to determine whether a person's admission to not being a genetic parent of a child is sufficient to rebut a presumption of parentage under the New Mexico Uniform Parentage Act (UPA), NMSA 1978, §§ 40-11A-101 to -903 (2009, as amended through 2021). We conclude that it is not. Instead, we hold that the district court must follow the procedures in the UPA, which establish specific admissibility requirements for the results of genetic testing, including a requirement that the district court consider the best interest of the child before ordering such testing.
Soon v. Kammann, S-1-SC-39544 (N.M. Jul 25, 2024)
Outcome: For the reasons stated, we hold that Kammann's marriage presumption of parentage, which is viewed through the lens of the best interest of the child, is unrebutted as established in the UPA. Additionally, no genetic test results were admitted pursuant to the required procedures established in the UPA. Accordingly, Kammann is a parent of the twin children.
Plaintiff's Experts:
Defendant's Experts:
Comments: