BY NEXT FRIEND v. K.E.P., and D.G.K., Respondents. (2024)

Missouri Court of Appeals, Western District.

J.M.K., BY His NEXT FRIEND J.B.A. and J.B.A., Individually, Appellants, v. K.E.P., and D.G.K., Respondents.

WD 86092

Decided: February 20, 2024

Before Division One: Alok Ahuja, P.J., and Cynthia L. Martin and Thomas N. Chapman, JJ.

Gary L. Stamper, Columbia, for Appellant. Edwin W. Orr, Columbia, for K.E.P. Helen L. Wade, Columbia, for D.G.K., for Respondents.

ORDER

J.B.A. filed this paternity action in the Circuit Court of Boone County, contending that DNA testing established that he is the father of J.M.K (“Child”). Child was born during the marriage of K.E.P. (“Wife”) and D.G.K. (“Husband”). Husband and Wife have since divorced. The circuit court dismissed J.B.A.’s petition. The court concluded that any presumption in favor of J.B.A.’s paternity was rebutted by the decree dissolving the marriage of Husband and Wife, which found that Child “was born of the parties’ marriage.” J.B.A. appeals. We affirm, and remand to the circuit court for consideration of Husband's motion for attorney's fees on appeal. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 84.16(b)

PER CURIAM:

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