Nature of the Case
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Facts
In October 2012, Dana Greer (W) gave birth to a baby, Emily. Dana was married to Jack Greer (H) at the time of the baby's conception and birth; however, voluntary genetic testing after the baby's birth revealed that John Farbo (F), a man Dana dated while she and H were separated, is Emily's biological father. Based on the genetic test, F filed a petition in district court to establish himself as Emily's legal father. H and W married in 2009. In August 2011, they separated. H obtained a divorce attorney and filed for divorce in Missouri. Shortly after the separation, W and F entered into a dating relationship. In February 2012, H and W reconciled, and W ended her relationship with F. In March 2012, F was informed that she was pregnant. F assumed the child was his and informed her that he wished to be part of the child's life and help support the child financially. Genetic testing that determined there was a 99.99% probability that Emily was F's biological child. F filed a paternity suit to establish Emily's legal paternity. The district court ultimately found that, based on both the evidence and Kansas case law, considering the genetic test results was not in Emily's best interests. The district court went on to find that all the court was 'left with is the presumption of paternity that this child was born of the marriage of H and W. The court dismissed the paternity action.
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