Quirk v. Swanson

GIERKE, Justice.

This case began with a paternity action. Kathy Quirk, the natural mother of Erik Allen Swanson, and her present husband, Thomas E. Quirk [Tom], instituted an action to determine the paternity of Erik. Both Kathy’s present husband, Tom, and her former husband, Terrence Lyle Swanson [Terry], claimed to be the father of Erik. The trial court concluded that Tom is the biological father of Erik. The court, however, granted to Terry the right of visitation of Erik for one year from the judgment dated September 5, 1984, with visitation to continue further by agreement of the parties.…