State Department of Human Resources v. Mock

In this filiation proceeding, the state sought to establish that defendant is the father of the child so that it could enforce support obligations against him. Judgment was entered in favor of defendant, and the state appeals. It argues that the trial court erred in denying its motion to exclude evidence relating to the mother’s marriage or to her husband and in instructing the jury that a child born in wedlock is presumed to be legitimate.

Mother was married in June, 1980. She and her husband separated before Thanksgiving, 1980, reconciled for a brief period in 1981 and then were divorced in…