GERHARDT v. C.K.

No. 20070282.

751 N.W.2d 702 (2008)

2008 ND 136

Kenneth GERHARDT, Director, Morton County Social Service Board as Assignee for S.B., S.B., and Julie Sisk as Guardian Ad Litem for Z.B., a Minor Child, Plaintiffs and Appellees v. C.K., Defendant and Appellant.

Supreme Court of North Dakota.

June 30, 2008.


Attorney(s) appearing for the Case

Marnie R. Soggie, Child Support Enforcement, Bismarck, N.D., for plaintiffs and appellees.

Theresa L. Cole, American Legal Services, P.C., Bismarck, N.D., for defendant and appellant.


MARING, Justice.

[¶ 1] C.K. appeals a district court memorandum opinion and order denying his motion for a DNA test to dispute a 1994 adjudication of paternity. C.K. argues on appeal that N.D.C.C. § 14-20-31, which was enacted in 2005, allows him to request additional genetic testing if he agrees to pay in advance for the testing.

[¶ 2] We hold that the law in effect in 1993, the year the original paternity adjudication proceeding was commenced...

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