Gray v. Rose

Appeal from an order of the Family Court, Delaware County, entered October 25, 1968, which adjudged appellant to be the father of petitioner’s child. Petitioner, a married woman, and mother of a child born on May 9, 1966, testified that she had intercourse with appellant over a period of four months, from May to August, 1965, and that the last act of intercourse took place on August 15, 1965. Appellant, who did not testify, contends that petitioner has failed to sustain her heavy burden of proof as to the paternity of the child. He relies on the strong presumption of legitimacy, together with…