Nature of the Case
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Facts
Overby (D) gave birth to M. At the time of M’s birth, D was married to James, and by statute, James was presumed to be the father. Witso (P) argues that he and D had an affair that included frequent sexual contact during the time M was conceived. P claims that he is M’s father and wants to compel genetic testing under the MPA. P supports this claim with an affidavit alleging the sexual contact during the time M was conceived and that D admits that he was the father. D denies making the statement and contends that she and James had frequent sexual contact during the proper period of time. The question of genetic testing was certified.
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