Department of Social Services of South Dakota Ex Rel. Wright v. Byer

KONENKAMP, Justice (on reassignment).

[¶ 1.] In this appeal, we are confronted with an instance where the presumption of legitimacy resulted in a child not receiving financial support from either her presumed father or her putative father. Because the mother was pregnant .at the time of the divorce and the husband’s paternity was in doubt, the parties agreed that genetic testing would later resolve the issue. The child was born within ten months of the dissolution of the marriage, and the genetic testing later established that the former husband was not the father. In the action against the…