Presumption that husband was father of child born during marriage arose automatically upon child’s birth, such that no additional, affirmative action was required by husband to formalize his presumed paternity and, thus, in absence of rebuttal of such presumption by wife, husband was not precluded from raising parentage claim for first time in petition to modify default divorce decree, even though parentage was not initially raised in divorce pleadings.
https://www.utcourts.gov/opinions/appopin/Kielkowski%20v.%20Kielkowski20150312.pdf
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.
