State v. David R.

¶1 The central issue in this case is whether the State has standing to challenge paternity when there is a presumed father. The court below said no. We disagree, reverse, and remand.

BACKGROUND

¶2 Maria R. met and married David R. when she was six months pregnant. M.K.M.R. (M.R.) was born a few months later. David1 was present at M.R.’s birth, participated in naming the child, and is listed on the birth certificate as the father. He named M.R. as his son and beneficiary in his will and wrote a letter for M.R.’s baby book welcoming him into his family.

¶3 In May 2006, Maria filed an action for…