Balance v. Balance

In Balance v. Balance, 261 Ala. 97, 72 So. 2d 851 (1954), Louise Balance was married to Robert Gaines. During the brief marriage, she began to have sexual relations with Lucian Balance and became pregnant. She divorced Gaines and five days later married Balance. The child was born during this marriage. When they divorced a year later, Lucian Balance was ordered to pay child support. On appeal, he argued that Louise Balance was married to Gaines at the time of conception, and Gaines was, therefore, presumed to be the legal father of the child, and the case should be governed by the presumption. The Supreme Court of Alabama recognized that an equally strong presumption of legitimacy exists when a child is born during a lawful marriage. The court concluded that the child could be the legitimate child of either Gaines or Balance and refused to apply either presumption.