Witso v. Overby

627 N.W.2d 63 (2001)

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

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.