People Ex Rel. Davis v. Clark

Following a bench trial, defendant, Stephen Clark, was found to be the father of a child born to plaintiff, Kimberlee Davis, on August 13, 1978. Defendant appeals this finding of paternity, arguing that Kimberlee Davis was married to Steven Davis when the child was conceived and there is a presumption that the child is legitimate which has not been rebutted by sufficient evidence.

At trial, plaintiff testified that defendant is the father of her child born August 13, 1978. Plaintiff married Steven Davis on February 14, 1976; she and Davis separated in September 1977, and their marriage was…