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BARBER v. BARBER

No. 93,086.

77 P.3d 576 (2003)

2003 OK 52

Patti BARBER, Defendant/Appellant/Cross-Appellee, v. Gary D. BARBER, Jr., Plaintiff/Appellee/Cross-Appellant, and Bonita Barber and Gary Barber, Sr., Interveners.

Supreme Court of Oklahoma.

Rehearing Denied September 8, 2003.

Attorney(s) appearing for the Case

Gerald J. Lovoi, Tulsa, OK, for Defendant/Appellant/Cross-Appellee Patti Barber.

M. Jean Holmes, Michael James King, Winters, King & Associates, Inc., Tulsa, OK, and Sherrie Thompson McAllister, Harris, McMahan & Peters, P.C., Tulsa, OK, for Gary D. Barber, Jr., Plaintiff/Appellee/Cross-Appellant.

Sean McKee, Tulsa, OK, for Bonita Barber and Gary Barber, Sr., Interveners.

WINCHESTER, J.

¶ 1 This matter concerns the right of a biological mother to dispute the presumption of paternity created by 10 O.S.2001, § 2(A)(1), pursuant to 10 O.S.2001, § 3, and the trial court's order awarding visitation with the biological mother's son to third parties, to-wit: his mother's former spouse and the former spouse's parents. Today we address whether the Court of Civil Appeals erred in its application of equitable estoppel to preclude...

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