Wake County Child Support Enforcement Ex Rel. Bailey v. Matthews

MITCHELL, Judge.

The plaintiff assigns as error the trial court’s order granting the involuntary dismissal. The plaintiff contends that its evidence, if believed, was sufficient to show a right to relief upon the facts and the law. We do not agree.

The trial court properly found from uncontested evidence that the minor child in question was born during the existence of the marriage between James and Rebecca Bailey. When a child is so born during wedlock, it is presumed to be legitimate. State v. McDowell, 101 N.C. 734, 7 S.E. 785 (1888). The presumption can be rebutted only by proof that the…