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DNW v. STATE, DEPT. OF FAMILY SERVICES

No. C-06-9.

154 P.3d 990 (2007)

2007 WY 54

DNW, Appellant (Respondent), v. State of Wyoming, DEPARTMENT OF FAMILY SERVICES; and State of Wyoming ex rel., NSM, Minor Child, Appellees (Petitioners), and NJM, Appellee (Respondent).

Supreme Court of Wyoming.

April 3, 2007.

Attorney(s) appearing for the Case

Representing Appellant: George L. Simonton of Cody, Wyoming.

Representing Appellee State of Wyoming, Department of Family Services: Patrick J. Crank, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Dan Wilde, Senior Assistant Attorney General; and Ellen Rutledge, Assistant Attorney General. Argument by Ms. Rutledge.

Representing Appellee NJM: No Appearance.

Guardian Ad Litem: Chris Edwards of Simpson, Kepler & Edwards, LLC the Cody, Wyoming Division of Burg Simpson Eldredge Hersh & Jardine, P.C.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

VOIGT, Chief Justice.

[¶ 1] This is an appeal from a Judgment and Order of Paternity in which the district court adjudicated the biological father of a child to be his legal father. We reverse because the mother's former husband had already been determined to be, and remained, the child's legal father.

ISSUE

[¶ 2] Under the circumstances of this case, did the divorce between NJM and MDG disestablish...

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