K.E.M. v. P.C.S.

K.E.M. (plaintiff) conceived a child during an affair with P.C.S. (defendant); genetic testing excluded her husband as the biological father, and P.C.S. acknowledged the child, gave him gifts, and spent occasional time with him. When the affair ended, K.E.M. separated from (but did not divorce) her husband and sued P.C.S. for child support; the trial court held her husband was the legal father both under the marital presumption of paternity (since he remained married to K.E.M. with no evidence of irretrievable marital breakdown) and under paternity by estoppel (since he publicly held the child out as his own). The appellate court affirmed on estoppel grounds but rejected the marital presumption, reasoning it doesn't apply when a husband knows he isn't the biological father; K.E.M. appealed.