Erin W. v. Charissa W.

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Charissa was pregnant when she married Erin. Several months later, Charissa gave birth to a daughter. Charissa listed Erin as the child’s father on her birth certificate. The parties later separated. One year later, Charissa filed a motion for genetic testing to determine the paternity of the child, which she requested in an effort to rebut the presumption of legitimacy concerning a child born during the marriage. Erin subsequently filed a complaint for dissolution of marriage. The court overruled Charissa’s motion for genetic testing. After a trial, the court entered a decree finding that Charissa had not rebutted the statutory presumption of legitimacy. The court further made an express finding that Erin was the child’s father. The court awarded the parties joint legal and physical custody of the child. The Supreme Court affirmed, holding (1) the court’s denial of genetic testing was not an abuse of discretion; (2) Charissa failed to rebut at trial the presumption of legitimacy; and (3) the court did not abuse its discretion in awarding joint custody. View "Erin W. v. Charissa W." on Justia Law

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