Hughes v. Hughes

L. CHARLES WRIGHT, Retired Appellate Judge.

While married, the parties by agreement filed instruments in the probate court to legitimate a child of the wife. The husband knew he was not the biological father of the child, though he stated to the court that he was. Acting under the provisions of § 26-11-2, Code 1975, the court issued an order of legitimation. The husband claimed the child as his own and supported it until a divorce. action was filed.

In the divorce action the husband denied the child was his and sought to escape responsibility for support. He filed a motion in probate court,…