Wednesday, May 14, 2008

Superior Court 5/14/08 - LEBANON COUNTY CHILDREN & YOUTH SERVICES v. TIMMY M. WAGNER

LEBANON COUNTY CHILDREN & YOUTH SERVICES v. TIMMY M. WAGNER
No. 1788 MDA 2007 2008 PA Super 102 Atlantic: n/a Filed: 5/14/2008
Appeal from the Order October 10, 2007In the Court of Common Pleas of Lebanon County
Before: PANELLA, SHOGAN and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Timmy M. Wagner, appeals from the order entered on October 10, 2007, in the Lebanon County Court of Common Pleas directing him to submit to genetic testing to determine the paternity of T.L.W., a minor. Because Children and Youth Services stands in the shoes of the natural mother for the purposes of estoppel and there was no evidentiary hearing, we vacate and remand for an estoppel hearing.

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