Atkinson v. Hall

556 A.2d 651 (1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Atkinson (P) had had sexual relations with Hall (D) in September 1971. In January 1972, P married Marshall. In July 1972, P gave birth to Jay. Five to eight months later, P and Marshall divorced. All legal documentation pertaining to Jay's birth showed Marshall as his father. P brought suit against D in 1986, seeking child support. D was given a blood test showing 98.27% probability that he was Jay's father, which presumption is rebuttable only by clear and convincing evidence. However, paternity actions are also subject to a presumption, rebuttable only by proof beyond a reasonable doubt, that a child born during a marriage is the child of the mother's husband. At trial, P requested a jury instruction regarding the blood test presumption; D requested an instruction regarding the marital presumption. The lower court put both presumptions aside and instructed the jury that the mother had to prove her case by a preponderance of the evidence. The jury found that D was not Jay's father. P appeals.