Fisher v. Davis (Kansas 2017)

No. 116, 291 (Kan. Ct. App. 2017)
May 2017

A final paternity judgment can be set aside if it is based on an error of law and no reasonable person would take the trial court’s view. In this case, the father signed a paternity acknowledgement based on the results of a home paternity test. The father filed a paternity action and a journal order of paternity was entered. The father took a subsequent home genetic test, which came back with the opposite result. He filed a motion to set aside the journal order and requested genetic testing. The trial court denied his motion citing the need for finality of judgments. The appellate court disagreed and found the trial court must balance the need for finality of judgments with the need for substantial justice and that, in any case, the result was not reasonable.