J.T.J. v. N.H.

Appellant, the biological father of the child, G.H., appeals the trial court’s dismissal of his petition to establish paternity on the ground that G.H. was born during the mother’s marriage to another man, thus raising the presumption of legitimacy for G.H. Appellant claims, however, that he is entitled to an evidentiary hearing to determine his standing to bring this petition. We agree and reverse.

The mother of the child, N.H., was married to E.R. at the birth of her child, G.H., in March 2009, although E.R. is not listed as the father of G.H. on the birth certificate. Instead, the…