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88 Tul. L. Rev. 983 (2013-2014)

handle is hein.journals/tulr88 and id is 1047 raw text is: RECENT DEVELOPMENTS Living Separate and Apart Continuously: The Louisiana Supreme Court Relates Disavowal to Divorce in Pociask v Moseley I. OVERVIEW ............................. .................983 II. BACKGROUND .............................. .....984 Ed. CouRT's DECISION ...............................987 IV ANALYSIS ................................ ......989 I. OVERVIEW Derek Pociask and Kera Moseley were married on October 11, 1997, and welcomed a son into the world only two years later.' Alas, the romance waned, and the couple physically separated on April 30, 2006.2 The following year, the district court rendered a judgment of divorce.? Two months prior to the divorce, on March 15, 2007, Moseley gave birth to another child, J.M.4 Soon after being notified on July 15, 2008, that Moseley had asserted that he is the father of J.M., Pociask filed a petition to disavow paternity pursuant to Louisiana Civil Code article 189 in the Twenty-Second Judicial District Court of Louisiana.! After the results of a DNA test revealed that Pociask was not the biological father of J.M., Moseley conceded this fact and admitted that Pociask had a vasectomy prior to the pregnancy at issue.' Moseley countered Pociask's motion for summary judgment with her own motion, alleging that Pociask failed to timely file his disavowal action and could not avail himself of the exception to the time limitations set forth in article 189 because the parties did not live separately and apart continuously for 300 days immediately preceding J.M.'s birth.' Pociask and Moseley spent one night together in the matrimonial domicile when Pociask traveled to New Orleans from his home in Pennsylvania to attend his brother's wedding.' 1. Pociask v. Moseley, 2013-0262, p. I (La. 6/28/13); 122 So. 3d 533, 535. 2. Id. 3. Id. 4. Id. 5. Id at pp. 1-2; 122 So. 3d at 535. 6. Id. at pp. 1-3; 122 So. 3d at 535-36. 7. Id. at p. 2; 122 So. 3d at 536. 8. Id. at p. 3; 122 So. 3d at 536. 983

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