DBTC Law Firm

Family Law

Who’s your Daddy?!

Despite DNA evidence proving that the previously presumed father is not the actual father, the Arkansas Court of Appeals holds that “once the Daddy, always the Daddy.” Arkansas law thus indulges the conclusion that even though there is a scientific certainty that a particular man is not the father of the child, if the law has already determined that he is the father, the scientific facts are not relevant.
In a recent Arkansas Court of Appeals case, the Court addressed a mother’s challenge to the presumed father’s paternity of her daughter.  On April 23, 2007, Turley Osburn gave birth to a daughter, M.G.  At the time of birth, Miles Griffin and Osburn were in a relationship and had been living together for several months.  Around the time of the birth, Griffin and Osburn signed an acknowledgment of paternity – a document whereby the mother and purported father acknowledge paternity – regarding M.G.  In late 2007, Griffin and Osburn separated. Continue reading