DSS OF STATE EX REL. WRIGHT v. BYER

No. 22609.

678 N.W.2d 586 (2004)

2004 SD 41

The DEPARTMENT OF SOCIAL SERVICES OF the STATE of South Dakota, ex rel. Julienne C. WRIGHT, Plaintiff and Appellant, v. Bret J. BYER, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned July 24, 2003.

Decided March 31, 2004.

Rehearing Granted May 7, 2004.


Attorney(s) appearing for the Case

Wm. Mark Kratochvil, Brookings County Deputy State's Attorney, Brookings, SD, for plaintiff and appellant.

Donald M. McCarty of McCann, Ribstein, Hogan & McCarty, Brookings, SD, for defendant and appellee.


KONENKAMP, Justice (on reassignment).

[¶ 1.] In this appeal, we are confronted with an instance where the presumption of legitimacy resulted in a child not receiving financial support from either her presumed father or her putative father. Because the mother was pregnant at the time of the divorce and the husband's paternity was in doubt, the parties agreed that genetic testing would later resolve the issue. The child was born within ten months of the dissolution...

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