Former husband’s presumptive paternity of a child born during parties’ marriage was not rebutted by a finding in divorce decree that there were no children born of the marriage, as a pleading or other representation that informed trial court that there were no children of the marriage removed issues of guardianship, custody, medical care, support, education, and visitation from determination in divorce proceeding, but did not necessarily resolve parties’ relationship to an undisclosed child born during the marriage and subject to statutory presumption of paternity, and issue of former husband’s paternity for any children born during the marriage was not before trial court or actually litigated, in that divorce was granted on former wife’s petition and former husband’s waiver.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com