Smith v. Smith

OPINION

BURKE, Justice.

Julia Smith 1 appeals the superior court’s divorce decree finding that Ronald Smith was not the father of Jeffrey Smith, a child born during Julia and Ronald’s marriage. Because the superior court failed to explicitly find that Ronald had rebutted the presumption of paternity by clear and convincing evidence, we vacate that portion of the divorce decree declaring Ronald not to be Jeffrey’s father. The case is remanded for more specific findings.

I. FACTS AND PROCEEDINGS

Ronald and Julia Smith were married on July 8, 1973. Julia gave birth to her first child, Aaron, in…