March 2015 | 338 P.3d 908 (Wyo. 2014)

LP v. LF (Wyoming 2014)

Wyo. Stat. Ann. § 14–2–504(a)(v) provides that a man is presumed to be the father of a child if: For the first two (2) years of the child’s life, he resided in the same household with the child and openly held out the child as his own. However, the statute only creates a presumption, which “imposes on the party against whom it is directed the burden of proving the nonexistence of the presumed fact is more probable than its existence.” Wyoming Rule of Evidence 301. Here, appellant stipulated to the accuracy and admissibility of a paternity test which conclusively proved that he could not be child’s biological father and which therefore rebutted the presumption of paternity beyond any doubt.

LP v. LF.pdf



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