State Ex Rel. A.T. v. E.W.

Some of my concerns regarding the ultimate outcome of this case may be beyond proper consideration on appeal because of its procedural posture.

I do not believe that a distinction exists which would allow this father to assert non-paternity as a defense some eleven years after a valid paternity adjudication when a motion pursuant to Rule 60(b)(6), A.R.Civ.P. could not have been properly entertained. The record is clear that this father deliberately chose to acknowledge paternity in 1983, in spite of his question at that time whether he was in fact this child’s biological father. In 1994, the…