Unrebutted presumption of paternity under Louisiana’s statutory presumption, that a husband of mother is presumed to be father of all children born or conceived during marriage, was sufficient to establish legal parentage by operation of law, and thus, precluded former husband from pleading nonparentage as defense, in Oregon proceeding subject to Uniform Interstate Family Support Act (UIFSA), to establish paternity if person’s parentage has been previously determined by or pursuant to law; there was no indication from marital dissolution judgment that husband sought to disavow paternity of child in context of the dissolution proceeding, there was no judgment to that effect, and mere failure of the dissolution judgment to mention child did not serve to disavow child’s paternity by father. Louisiana statute requiring that support end when child completes high school, did not apply in Oregon paternity and support proceeding, and thus, did not preclude trial court from extending child support until child was 21 years old; former husband’s contention that Louisiana law applied was based on mistaken assumption that dissolution judgment, which did not mention child or provide for child support, was a support order under the Uniform Interstate Family Support Act (UIFSA) that could not be modified in a manner beyond the authority of a Louisiana court.
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.famlawconsult.comPublished on: