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PATERNITY OF CHERYL

434 Mass. 23 (2001)

PATERNITY OF CHERYL.

Supreme Judicial Court of Massachusetts, Suffolk.

April 24, 2001.

Attorney(s) appearing for the Case

Pauline Quirion (Kelly A. Leighton with her) for the mother. Thomas J. Conroy for the father.

Thomas F. Reilly, Attorney General, & Amy Spector, Assistant Attorney General, for Department of Revenue, Child Support Enforcement Division, amicus curiae, submitted a brief.

Brigid Kennedy-Pfister for Children's Law Center of Massachusetts, Inc., amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, COWIN, & SOSMAN, JJ.

MARSHALL, C.J.

We consider in this case whether a father may move to set aside a judgment of paternity when, more than five years after he voluntarily acknowledged paternity, genetic tests established that he was not the child's biological father. A judge in the Probate and Family Court concluded that the father could seek relief from the paternity judgment under Mass. R. Dom. Rel. P. 60 (b) (5) (West 2001), which provides relief where "it is no longer equitable that...

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