In Re Mya H.

Syllabus

Presumptive Legal Father appeals the trial court's finding that the presumption of parentage had been rebutted without the benefit of an evidentiary hearing and his resulting dismissal from this termination of parental rights proceeding. Because the statute relied upon to dismiss Presumptive Legal Father from this proceeding is inapplicable to the case-at-bar, we reverse the trial court's decision to dismiss Presumptive Legal Father. We also vacate the trial court's finding that the presumption of parentage had been rebutted and remand for an evidentiary hearing.