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STATE ON BEHALF OF McMICHAEL v. FOX

No. 17757-9-II.

912 P.2d 518 (1996)

80 Wash.App. 941

The STATE of Washington, on Behalf of Nicole R. McMICHAEL, a minor child, Respondent, v. Leon C. FOX, alleged father, Appellant, and Rebecca McMichael, Natural mother.

Court of Appeals of Washington, Division 2.

As Amended May 17, 1996.

Attorney(s) appearing for the Case

Michael Joseph Slish, Des Moines, for appellant.

Gary Paul Burleson, Mason Co. Pros. Atty., Shelton, for respondent.

BRIDGEWATER, Judge.

We are asked by Leon C. Fox to review the action that determined him to be the father of a child under RCW 26.26. We hold that the State violated its duty as guardian ad litem by failing to test another possible father of whom it was aware or to provide an explanation of its failure to do so. Thus, we reverse and remand for the appointment of an independent guardian ad litem for the child and a new trial.

The State, as guardian ad litem...

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