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SUPREME COURT OF LOUISIANA No. 98-C-0167 T.D., wife of M.M.M. versus M.M.M.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ST. BERNARD TRAYLOR, Justice* This avowal action arose when P.W., the biological father of the minor child, C.M., intervened in the legal parents' custody proceeding to have his parental rights acknowledged. The trial court recognized P.W. as the biological father and ordered that a hearing be conducted to resolve visitation and child support issues in the best interest of the child. On appeal, the court of appeal barred the action under the doctrine of laches, reasoning that P.W.'s delay in filing for more than six years after the birth of the child prejudiced the child. The court of appeal reversed the judgment of the trial court and dismissed the petition in intervention. We granted certiorari to determine whether P.W.'s avowal action is barred under the doctrine of laches. FACTS AND PROCEDURAL HISTORY The child's mother, T.D., and legal father, M.M.M., were married in October of 1984. In October of 1985, T.D. met P.W., who was also married at the time. T.D. and P.W. began having adulterous sexual relations in March or April of 1986. The affair spanned a period of approximately seven and one-half years. In March of 1988, T.D. conceived a child, C.M. T.D. informed P.W. that she suspected he was the father because she had not been intimate with her husband at the time of conception. T.D. also informed her husband that he was the father of the child. T.D. and P.W. discontinued their sexual relations during the pregnancy, but continued with the affair shortly after the child's birth in December of 1988. P.W. testified that he regularly visited the mother and child throughout the affair and always suspected that he was the child's father. In November of 1992, T.D. and M.M.M. separated. At T.D.'s request, P.W. curbed his visits during most of the separation, but resumed them in March of 1993. In April of 1993, the

*

LEMMON, J., not on panel, recused. See Rule IV, Part 2,

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