Evans v. Evans

I would grant the writ and reverse the Court of Civil Appeals’ judgment, 434 So.2d 254, on the authority of Rumlin v. Lewis, 381 So.2d 194 (Ala.1980), and Leonard v. Leonard, 360 So.2d 710 (Ala.1978). The Court of Civil Appeals held that the presumption that the mother’s husband at the time of conception is the child’s father was rebutted by clear and convincing evidence. This evidence consisted, in part, of testimony of the mother and her husband at the time of conception that they had not had sexual relations- at the probable time of conception. The appellate court determined that this…