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King v. Lusk

Competent evidence presumably supported the trial court's conclusion that the appellee is the legal father of the boy at issue, despite a DNA test showing the probability of appellant's paternity was 99.9999 percent.

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Pursuant to our grant of his discretionary appeal, Michael King appeals from the trial court’s denial of his motion for new trial in the legitimation proceeding brought by Rodney C. Lusk regarding the child River Chase Lusk. The procedural posture of this case is as follows. On November 20, 2003, in Dade County, Lusk filed his petition to legitimate two children, Reilly Caleb Lusk, born April 24, 1999, and River Chase Lusk, born November 17, 2001. The verified petition averred that Lusk and the mother of the two boys, Tammy Yvonne Herron-King Herron-King, were never married, but cohabited for a number of years and the two boys were born as a result of that relationship. Lusk was listed as the father on the birth certificates of both boys. The petition requested that the two boys be declared the legitimate children of Lusk, with the attendant rights and responsibilities attaching to Lusk, that temporary and permanent custody be given to Herron-Young, and that Lusk be awarded temporary and permanent visitation with the boys.

The return of service reflects personal service was made on Herron-King at 4105 Old Federal Road in Chatsworth, Murray County, on November 26, 2003.

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