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Posted by: Tanja Trezise on Mar 25, 2013

Court: TN Court of Appeals

Attorneys 1:

Adam N. Cohen and Mitchell D. Moskovitz, Memphis, Tennessee for Petitioner/Appellant Jordan Ashton Danelz.

Attorneys 2:

Andrew C. Clarke, Memphis, Tennessee for Respondent/Appellee John Gayden, M.D.

Judge(s): KIRBY

In this appeal, an adult child seeks an award of retroactive child support from his biological father. The adult child filed a petition to establish parentage, seeking retroactive child support and other child rearing costs. After genetic testing, the juvenile court found that the respondent is the petitioner’s biological father, but it declined to grant an award of retroactive child support. Both parties appealed. Eventually there were two appeals and two remands. After the last remand, the juvenile court determined that the adult child’s biological father was also his legal father, but held that the petitioner adult child could not receive an award of retroactive child support under the parentage statutes. The adult child then filed this third appeal. We reverse in part, holding that the parentage statutes provide for an award of retroactive child support to the adult child complainant. We vacate the finding as to the adult child’s legal father and remand the case for further proceedings on the award of relief against the biological father.