A----. B v. C----. D

277 N.E.2d 599 (1971)

A----. B----., Plaintiff-Appellant,

v.

C----. D----., Defendant-Appellee.

Appellate Court of Indiana, Division No. 2.

December 29, 1971.

WHITE, Judge.

Defendant-appellee was married to plaintiff-appellant's present wife at the time she conceived and bore a son. She thereafter divorced defendant and married plaintiff. In the divorce decree she was awarded custody of the son as a child of the marriage. Plaintiff-appellant brought this declaratory judgment action to have himself declared the legitimate father of the child. The rationale of the action is that the child was born…