Evans v. Wilson

Decision Date24 August 2004
Docket NumberNo. 123,123
PartiesBrett EVANS v. Trina WILSON.
CourtMaryland Court of Appeals

Bonnie J. Butler (Thomas McKeon, Butler, McKeon & Associates, P.A., Baltimore, on brief), for appellant.

Frederick L. Kobb (Joy K. Sakellaris, Wright, Constable & Skeen, LLP, Baltimore, on brief), for appellee.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

BATTAGLIA, J.

Brett Evans appeals the judgment of the Circuit Court for Baltimore City, dismissing his complaints for orders of visitation and to determine paternity of Kendi Ateah Ja'Far, the daughter of Trina Wilson. Evans claims to be the biological father of Kendi, who was conceived and born while Wilson was married to another man, Askahie Harris. The Circuit Court ruled that Evans had not overcome the statutorily imposed presumption that Kendi was the legitimate child of Wilson and Harris and that ordering Kendi to undergo genetic testing was not in the child's best interests. We agree with the Circuit Court's conclusion and, for the reasons discussed herein, shall affirm.

I. Background
A. Facts

Evans first met Wilson in 1997 when he began working for Wilson's employer, the Baltimore Prevention Coalition. Evans started dating Wilson after he had worked at the Coalition for approximately two months. During the relationship, Wilson became pregnant and later terminated the pregnancy. Evans and Wilson broke up sometime between 1998 and 1999.

After her break-up with Evans, in the fall of 1999, Wilson was introduced to Harris. Soon thereafter, the two began a serious dating relationship that led to an eventual marriage proposal by Harris. On October 7, 2000, Wilson and Harris participated in a Muslim wedding ceremony performed by James Muhammed, a Muslim minister. Although Wilson and Harris had not acquired a Maryland marriage license before the ceremony, they entered into a "marriage contract." Under the contract, Wilson and Harris agreed to various terms governing their marriage relationship, including that they would have at least one child and that the child would be raised Muslim. Wilson and Harris lived together after the wedding in Wilson's mother's house pursuant to a lease agreement that they had signed in October of 2000.

When Wilson and Harris were experiencing problems in their new marriage during the winter of 2000 and 2001, Wilson had a chance encounter with Evans. Several weeks later, in February or March of 2001, Wilson visited Evans' apartment and had sexual intercourse with him. Wilson stated that this was the only time she had intercourse with Evans while married to Harris. Evans testified, however, that he and Wilson had sexual intercourse on more than one occasion, the last occurring in April of 2002.

Wilson continued to live with Harris while seeing Evans. In fact, around the time of Wilson's affair with Evans, Wilson and Harris began trying to conceive a baby. Then, in May of 2001, Wilson learned that she was pregnant. She estimated that, based on her monthly cycle, the date of conception was approximately April 22, 2001. Wilson and Harris testified that, during and after the pregnancy, they believed that Harris was the father. Wilson stated that Harris assisted her during the pregnancy by staying home with her during the day because she was nauseous, by shopping with her for the baby, and by helping to arrange the nursery. Although Harris did not attend Wilson's baby shower in November of 2001 because he thought it was "a girl thing," his friends, believing that Harris was the father, organized a party for him to celebrate the imminent birth.

Evans testified, however, that, during Wilson's pregnancy, he was led to believe that he was the father of Wilson's child. According to Evans, Wilson told him that she was pregnant with his child. Evans stated that he spent numerous nights at Wilson's home after learning of the pregnancy and that he helped Wilson prepare for the birth by painting and setting up the baby's room. Evans stated that, even though he spent nights at Wilson's home, he did not realize that she was married during the pregnancy. He testified that he bought baby clothes and attended a baby shower for Wilson in November of 2001.

Wilson gave birth to Kendi on January 19, 2002. On that day, Harris was in Virginia on business, so he could not attend the birth even though he had planned to do so. While at the hospital following the birth, Wilson was approached about completing a birth certificate for Kendi. She was told that, because she was the only parent present, she could only fill out her portion of the application, and the father, at some later time, would have to complete an affidavit of parentage to be named as the father on Kendi's birth certificate. When Harris returned from his trip, he took Wilson and Kendi home from the hospital. Harris did not complete the affidavit of parentage at the hospital because he was in a rush to take Wilson and Kendi home and was not aware of the birth certificate procedures. Several months later, on November 28, 2002, Harris completed the affidavit of parentage; Kendi's birth certificate, issued subsequently, names Harris as the father. According to Wilson, several weeks after arriving home, she prepared and mailed birth announcements that identified Harris as Kendi's father.

Evans was also out of town on January 19 and did not attend Kendi's birth; however, Wilson called Evans' parents, who visited Kendi in the hospital that day. Evans testified that he visited Kendi three days after Wilson arrived home from the hospital.

Evans claimed that, after the birth, Wilson continued to suggest to Evans that he was Kendi's father. For instance, Evans received a card from Wilson congratulating him and wishing him, "Happy Parenting." The card stated: "When we met ... I never would have thought that we would have created a life together. Now here we are more than 5 yrs. later the parents of a beautiful baby girl." Wilson, while at the hospital, also prepared a birth announcement that identified Evans as the father of Kendi, but, according to Wilson, never sent them to family and friends. When Kendi was nearly one month old, Wilson sent Evans a Valentine's Day card that stated, "Happy Valentine's Day, Daddy," and "For you Daddy from your sunshine." A birthday card later sent to Evans from Wilson showed pictures of Kendi and said: "It's Kendi Brina Ja'Far, my daddy and me. I love you. Happy Birthday Daddy." Both the Valentine's Day and birthday cards referred to Kendi by using the name "Brina," a hybrid of Evans' and Wilson's first names. According to Wilson, all of this written correspondence with Evans after Kendi's birth was part of a "sick game" that she had devised because of the guilt she felt over terminating the pregnancy when she and Evans were dating. Wilson stated that she and Evans "played out" this game to address some of the "unresolved issues" that lingered after their break-up. Wilson said that she had used the name "Brina" in the cards because that was the name that she and Evans had created during her first pregnancy. She also testified that Evans knew she was pretending whenever she suggested that he was Kendi's father.

Evans has not seen Kendi since she was six weeks old. During the first few weeks of Kendi's life, Evans visited Kendi several times at Wilson's home. Evans' mother and father also have visited Kendi on a number of occasions. Evans has not provided child support to Kendi other than purchasing approximately $80 worth of baby supplies throughout 2002.

Harris, on the other hand, is the only man that Kendi has known as a father. She calls him "Daddy," and he participates in many of the routine tasks involved in parenting, such as caring for Kendi when she is sick and helping pay for her day-care, food, and clothes. Harris testified that he spends time with her every day after work, takes her to the movies occasionally, and watches television with her. He, Wilson, and Kendi eat together and, on weekends, they play games and visit the park or zoo. Harris believes that Kendi is attached to him because, when he has to leave her, she often becomes very upset and cries.

B. Procedural History

On December 2, 2002, Evans filed in the Circuit Court for Baltimore City a Complaint for Order of Visitation in which he alleged that he was Kendi's father and requested a specific schedule of visitation. Wilson answered the Complaint on January 24, 2003 and denied that Evans was Kendi's father. Then, on June 23, 2003, Evans filed a Complaint to Determine Paternity, alleging that he had engaged in a sexual relationship with Wilson that lasted until March 2001 and that Wilson had become pregnant in that month. Evans also requested that the court order the parties and Kendi to submit to blood or genetic testing for the purpose of establishing Kendi's paternity. Wilson filed an answer to Evans' complaint and again denied that Evans was Kendi's father. She further claimed that, instead, Kendi was the child of Harris to whom Wilson was married "at the time of the Child's conception and birth."

On August 15, 2003, Judge Marcella A. Holland held a hearing to consider whether to order paternity testing or visitation. After hearing the testimony of various witnesses, including Evans, Wilson, and Harris, Judge Holland rejected Evans' claims. She reasoned that, because Kendi was born while her mother was married to Harris, she is presumed by law to be the married couple's child. Therefore, in Judge Holland's view, to succeed on his claim, Evans had to overcome that presumption and demonstrate that a paternity test would be in the best interests of the child. She determined that Evans failed to overcome the presumption because he had not presented sufficient evidence of a "strong bond between him and the child." Judge Holland stated that there may be a suspicion that Evans is Kendi's father, but she refused to...

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