Kucera v. Kucera

117 N.W.2d 810 (N.D. 1962)

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Nature of the Case

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Facts

H and W were married when W was pregnant with another man’s child. The parties agreed before the marriage that if it didn’t work out, they would divorce within a year. A second child was born after which the parties ceased to have any marital relations. Trouble ensued when H came home to find the father of the first child in his home. The trial court granted to W a decree of divorce and ordered H to make monthly payments for the support of the plaintiff and the support of the two children born during the marriage. H appealed demanding a trial de novo. Several issues were presented; whether, under the facts disclosed by the record, the plaintiff is entitled to a decree of divorce; whether H is liable for the support of the child born to W after the marriage of the parties, but which child admittedly is not the child of H; and whether H or W is entitled to custody of the one child born as the issue of the marriage.