Stewart v. Brown

This is an appeal from a family court order. The trial judge found that Respondent’s younger daughter was illegitimate, that Appellant was the child’s father and ordered Appellant to pay child support.

Respondent was permitted, over objection, to testify to *415her husband’s non-access during the period of conception. Her testimony was corroborated by that of her sister and a former roommate, but neither was able to establish the husband’s absolute non-access. Appellant presented evidence that Respondent’s husband had access to her and could have fathered the child.

The presumption of legitimacy is…