In a case this month from the Mississippi Supreme Court, Downs v. Downs,Download CO34307.pdf it was decided that gentic testing was required when paternity of a child born to a divorcing couple is questioned. However, the decision may be based on the wording of a MS statute, and the court may still consider best interests...Read More

The Art of Divorce Blog has a great posting about this: A new study by a dating website claims that nearly half of all spouses cheat. Although this number may be skewed on the high side given the demographics of those who use dating sites, there are probably a few who cheat that claimed not...Read More

From Paul C. O’Bryan: The Ct. of Appeals, in S.R.D. v. T.L.B., 174 S.W.3d 502 (Ky. App., 2005) discusses the theory of paternity by estoppel. I think the “best” chance (absent a new statute) is to argue that if a court can force a father from denying (when he is not the biological father) to...Read More

Sarah Almy, a Louisville family law attorney, in response to our “Nature or Nurture” posting on genetic testing, posted the following comment: ” I strongly agree with your position. A statutory amendment would be a helpful tool for attorneys facing the situation of a vindictive mom such as your hypothetical Mary who would be willing...Read More

Stephen C. Knight of Nashville posted on his blog, Knight on Family Law, a source for cheap DNA testing, linking to an article in the Memphis Daily News and a testing company promising results in 48 hours, Test Express, Inc. In the “nature or nurture” discussion, it seems that nature is much cheaper and quicker...Read More

John and Mary were a typical couple. Married for twelve years, they had an eight-year-old son, John, Jr. John had been ecstatic when Mary became pregnant and enthusiastically participated in the prenatal preparations. He attended Lamaze classes with his wife and converted his den into a nursery. He coached Mary in the delivery room and...Read More

S.R.D. v. T.L.B., 174 SW3d 502 (Ky. App., 2005) Husband who held himself out to be child’s father for 9 years was equitably estopped to deny paternity and child support obligation when at the time of the divorce decree there was and uncontested assertion that the marriage produced three children.Read More

An April 10, 2006 National Law Journal article on paternity fraud has been reprinted at www.law.com. This is the flip side of the dual paternity issue where non-biological fathers have been required to pay child support. It is important to distinguish the rights/duties of husbands who are non-bio dads who want to raise and support...Read More

Utah has decided an important dual paternity case, link below. The law in Kentucky is unsettled where a husband/non-biological father wants to continue a relationship with and support of a child born during the marriage. Although a case is pending in the Kentucky Court of Appeals, until a KY case is published the Utah decision...Read More