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Articles Posted in Paternity

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Was there sufficient evidence to vacate an acknowledgement of paternity? C.R. v. Y.P., 2020 N.Y. Slip Op. 50603 (N.Y. Fam. Ct. 2020)  

C.R. v. Y.P., 2020 N.Y. Slip Op. 50603 (N.Y. Fam. Ct. 2020) involves the determination of fatherhood for a child born to respondent Y.P. (referred to as Ms. P) and listed on the birth certificate as J.E., with S.D.E. acknowledged as the father. However, petitioner C.R. contested this acknowledgment, asserting…

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No due process violation found and order terminating parental rights of father upheld. Christopher D.S. v. Richard E.S., 136 A.D.3d 1285 (N.Y. App. Div. 2016)

The case of Christopher D.S. v. Richard E.S. involves a father’s appeal from a decision terminating his parental rights with respect to five children. The father challenges the denial of his recusal request and asserts a violation of due process regarding diligent efforts for reunification. In New York, terminating parental…

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Is establishing paternity in the best interests of a child who had been living with a foster family? Wilson D. v. Anne B., 2021 N.Y. Slip Op. 51144 (N.Y. Fam. Ct. 2021)

The long-standing policy in New York has been that parents have the right to have a relationship with their children and that it is generally in the best interests of the child for the courts to give parents and children the opportunity to foster a positive relationship.  However, there are…

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Court ordered paternity test over the objections of the presumed legal father. Joseph S. v. Crystal B., 73 Misc. 3d 1201, 152 N.Y.S.3d 288 (N.Y. Cnty. Ct. 2021)

In New York there is a marital presumption of paternity. This means that if a child is born to a married couple, there is a presumption that the husband is the father of the child. The husband is the legal father of the child, even if he is not the…

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In the Absence of Allegations of Misrepresentation or Fraud the Court Will Not Vacate An Acknowledgement of Paternity – M.H. v. S.S., 2017 NY Slip Op 50373(U) (N.Y. Fam. Ct. 2017)

While a DNA test will show almost definitively (90-99% accuracy) whether a man is the father of a child, in New York there are other ways to establish paternity.  One way is by signing an Acknowledgement of Paternity (AOP).  Both parents must sign the document, it must be witnessed, and…

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In Two Paternity Cases The Court Applied The Doctrine of Equitable Estoppel – Seth P. v. Margaret D., 2011 N.Y. Slip Op. 9648 (N.Y. App. Div. 2011)

In paternity cases in New York, there is a doctrine referred to as “equitable estoppel.”  Typically, the doctrine is applied in instances where a man has held himself out to be a child’s father and later seeks to deny paternity or to disprove paternity through DNA testing.  In such cases,…

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Court Denies Petition to Set Aside an Acknowledgment of Paternity – Merritt v. Allen, 99 A.D.3d 1006 (N.Y. App. Div. 2012)

In this case the court was asked to set aside an acknowledgement of paternity, direct a paternity test, and discontinue child support payments.  The mother responded by filing a motion to dismiss the petition.  Not surprisingly, the court denied the petitioner’s request and granted the mother’s motion to dismiss. Typically…

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