Marriage of B. S. H. v. J. J. H.

I must dissent.

The majority opinion disposes of this appeal by applying a legal presumption and concluding that the evidence was not sufficient to overcome the presumption. I disagree with the conclusion reached regarding *459the evidence, and believe the time has arrived for our courts to speak directly to the role of blood group tests in questioned paternity cases and the relationship of those tests to the legal presumption of legitimacy.

While this appeal presents the question of fitness for custody and charges error in the granting of custody to respondent, this dissent addresses only the…