DNW v. State, Department of Family Services

VOIGT, Chief Justice.

[11] This is an appeal from a Judgment and Order of Paternity in which the district court adjudicated the biological father of a child to be his legal father. We reverse because the mother's former husband had already been determined to be, and remained, the child's legal father.

ISSUE

[T2] Under the circumstances of this case, did the divoree between NJM and MDG *995disestablish MDG's status as NSM's legal father? 1

FACTS

[13] NJM gave birth to NSM on December 1, 1996, at a time that NJM was unmarried. No father was listed on NSM's birth certificate. On January 8, 1998, NJM…