Pociask v. Moseley

Kerry Moseley and Derek Pociask were married and had two children. They separated ten years later, and shortly thereafter, were granted a divorce. But several months before the judgment of divorce, Moseley had another child. Pociask filed a petition to disavow paternity of the latest child. In her exception, Moseley argued that Pociask did not file his petition to disavow within a year of the child's birth. The district court overruled the exception. The parties entered a consent agreement whereby the DNA of the child was tested. The test results revealed Pociask was not the biological father. The district court granted Pociask's motion for summary judgment allowing him to disavow paternity of the child. The appellate court reversed, finding the disavowal action prescribed. Upon review of the matter, the Supreme Court concluded the appellate court erred in its analysis, reversed and reinstated the district court's judgment. View "Pociask v. Moseley" on Justia Law