Byers v. Byers

OPALA, Justice:

The first-impression question to be answered is whether one who knowingly marries a woman then pregnant by another man may be held liable for support of the child-as its legal father-in a divorce action brought by the mother less than six months after the child’s birth. We hold that in the situation so described (a) the court could not impose upon the husband the legal status of the child’s father, and (b) the mother should have been relegated to the pursuit of a statutory paternity suit against the biological father.

Mother was admittedly pregnant by another person when she…