Chapman v. Chapman

Summary

The Supreme Court of South Dakota affirmed the denial of David Chapman's motion for genetic testing to contest presumed paternity of a child born during his marriage. The court held that the paternity challenge was barred by the applicable statutory time limits and res judicata, and deemed his constitutional challenge waived for failure to cite supporting authority.

Holdings

1. David was barred from contesting paternity. Under SDCL 25-8-59, the presumption was created on the earlier date of the child's birth or a qualifying administrative or judicial proceeding, so the sixty-day period began on the child's date of birth. Even assuming fraud, duress, or material mistake of fact, David's action was untimely because it was filed more than three years after the birth.
2. The constitutional challenge was waived because David failed to cite supporting authority and therefore did not properly present the issue for appellate review.

Questions Presented

1. Whether David was barred from contesting paternity because paternity was established by statutory presumption and he failed to challenge that presumption within the time allowed by SDCL 25-8-59.
2. Whether SDCL 25-8-59 was unconstitutional because it barred a presumed father from contesting paternity after expiration of the sixty-day limitations period.

Disposition

affirmed