Pena v. Diaz

This is a hard case to decide against the appellant, although there is no doubt in my mind that the law compels affirmance. It is the latest of many cases filed in our state courts in which the biological father seeks to establish his paternity to a child born into a marriage between the child’s mother and another man. Indeed, this is the second time Mr. Pena has filed suit in an effort to try to establish his paternity to the child, K.D., who was born to appellee, Sandra Diaz [“Diaz”], when Diaz was married to appellee, Nabor Jaimes Arellande-da [“Jaimes”].

Appellees Diaz and Jaimes were…