Paternity

Published on: December 24, 2024

Father’s abandonment of child resulted in being denied custody. Nicole L. v. David M., 195 A.D.3d 1058 (N.Y. App. Div. 2021

by Stephen Bilkis

In Nicole L. v. David M., 195 A.D.3d 1058 (N.Y. App. Div. 2021, a case of guardianship of a child after the mother’s passing, the Family Court of Columbia County faced a complex situation involving multiple petitions from interested parties. The court’s decision hinged on determining the best interests of the child and addressing claims of abandonment and extraordinary circumstances.

While New York courts favor parents having custody of their children, for a variety of reasons, parents can be denied custody. One reason is abandonment. Abandonment occurs when a parent demonstrates a clear intent to relinquish their parental rights and obligations, often through a pattern of conduct that involves a lack of contact, support, or involvement in the child’s life.

The New York courts recognize abandonment as a serious issue that can detrimentally affect a child’s well-being. According to Social Services Law § 384-b(5)(a) and Domestic Relations Law § 111(2)(a), a parent may be deemed to have abandoned their child if they fail to visit or communicate with the child, demonstrating a disregard for their parental responsibilities.

Published on: November 25, 2024

In the absence of marriage, without evidence of a formal agreement or financial contribution, there no right to property or financial support. Farre v. Lours, 2020 N.Y. Slip Op. 33963

by Stephen Bilkis

Common law marriage is a legal concept that recognizes a couple as married without the need for a formal ceremony or marriage license. It typically arises when a couple lives together for a certain period of time and holds themselves out as married, presenting themselves to others as spouses. In common law marriage states, these couples are treated legally as if they had undergone a formal marriage ceremony.

However, New York does not recognize common law marriage. This means that even if a couple lives together for an extended period and behaves as if they are married, they are not considered legally married under New York law. In New York, a valid marriage requires a formal marriage ceremony performed by an authorized officiant and the issuance of a marriage license.

In Farre v. Lours, 2020 N.Y. Slip Op. 33963, a plaintiff brought forth various claims against the father of her children, seeking financial relief and asserting rights related to their shared assets and living arrangements. The case involved complex legal arguments surrounding the nature of their relationship, financial contributions, and promises made during their partnership.

Published on: October 28, 2024

Montgomery Cnty. Dep’t of Soc. Servs. ex rel. Donavin E. v. Trini G., 195 A.D.3d 1069 (N.Y. App. Div. 2021)

by Stephen Bilkis

In a recent case before the Family Court of Montgomery County, an appeal was made regarding the establishment of paternity for a child born in 2005. The court’s decision, centered on equitable estoppel and the child’s best interests, sparked controversy and led to an appeal by respondent Reymond F.

Background Facts

In April 2018, a paternity proceeding was initiated by the petitioner in the Family Court of Montgomery County. The objective was to establish paternity and secure child support for a 13-year-old child under its care. At the time, the child lacked an adjudicated father and had no father listed on their birth certificate. Initially, the proceeding involved respondent Trini G., who had purportedly assumed the role of the child’s father. However, respondent Reymond F. was later added to the petition based on allegations of paternity.

Published on: October 25, 2024

In paternity dispute, Appellate Division prioritized child’s stability. DeB. v. DeB, 7 A.D.3d 561 (N.Y. App. Div. 2004)

by Stephen Bilkis

DeB. v. DeB, 7 A.D.3d 561 (N.Y. App. Div. 2004) involved a dispute between a husband and wife over the paternity of their child. The plaintiff, the husband, appealed a decision by the Supreme Court, Queens County, that denied his request for a paternity test to challenge the presumption that he was the father of the child. This appeal raised legal questions regarding the circumstances under which a court may deny paternity tests, particularly when the challenge arises after the child’s birth and involves complex family dynamics.

In paternity cases, courts prioritize the child’s stability above biological disputes. When a child has formed a stable relationship with a presumed father, courts may deny paternity challenges to protect that bond. The principle of estoppel often applies, preventing a person from denying paternity if they have acted as the parent, as a disruption could harm the child’s emotional well-being. By focusing on continuity, courts seek to prevent potential distress that sudden changes in parental identity could cause. This approach ensures the child’s sense of security remains intact, safeguarding their best interests over technicalities.

Background Facts

Published on: October 25, 2024

Acknowledgement of paternity signed based on mistake of fact. Oscar X.F. v. Ileana R.H., 107 A.D.3d 795 (N.Y. App. Div. 2013)

by Stephen Bilkis

In a paternity case, the courts may sometimes be asked to vacate an acknowledgment of paternity when new information comes to light. These cases can have significant consequences, not only for the parents involved but also for the child. Oscar X.F. v. Ileana R.H., 107 A.D.3d 795 (N.Y. App. Div. 2013) highlights the legal standards required to vacate an acknowledgment of paternity and the importance of considering the best interests of the child.

Background Facts

The case involved a petitioner who had signed an acknowledgment of paternity, believing he was the biological father of the child in question. The acknowledgment of paternity was executed in accordance with Family Court Act § 516–a. At the time, the petitioner was under the impression that he was the father because he had engaged in sexual relations with the mother during the relevant period.

Published on: October 20, 2024

Presumption that husband is the father of a child of marriage is difficult to rebut. L.A.S. v. P.M.M.S., 2023 N.Y. Slip Op. 50845 (N.Y. Sup. Ct. 2023)

by Stephen Bilkis

In matters of family law, the presumption that a child born during a marriage is the biological child of the married couple has long been a central issue in paternity disputes. This presumption can be rebutted, but it requires clear and convincing evidence. In a recent case before the Queens County Supreme Court, the court examined the plaintiff’s attempt to challenge the presumption of legitimacy and request a DNA test to determine paternity.

Background Facts

The case involved a married couple, the plaintiff and the defendant, who had a child together in 2019. In 2022, three years after the child was born, the plaintiff filed a verified complaint seeking custody of the child. The complaint did not initially raise any issue regarding the child’s paternity, nor did it contain any request for a paternity test. Instead, the plaintiff acknowledged the child as being born of the marriage.

Published on: October 4, 2024

Separation agreement is enforceable only if it involved full financial disclosure. S.M.S. Kabir v. Kabir, 85 A.D.3d 1127 (N.Y. App. Div. 2011)

by Stephen Bilkis

In New York, separation are agreements are enforceable, but only if certain conditions are met. One of those conditions is that both parties must make full financial disclosures, including all of their assets. The case of S.M.S. Kabir v. Kabir, 85 A.D.3d 1127 (N.Y. App. Div. 2011) involves a dispute over the validity of a separation agreement between a husband and wife. The wife sought to set aside the agreement, claiming that it was not fairly negotiated and that key financial information had been withheld by the husband.

Background Facts

The parties were married and later entered into a separation agreement on July 11, 2007. The wife later claimed that the agreement was unfair because the husband had allegedly concealed several assets during the negotiation. She stated that she did not discover these concealed assets until 2009, two years after the separation agreement had been signed.

Published on: September 25, 2024

Court vacated an acknowledgement of paternity. Escobar v. Pagan, 2022 N.Y. Slip Op. 4912 (N.Y. App. Div. 2022)

by Stephen Bilkis

In proceedings under Family Court Act articles 5 and 6, several orders issued by the Family Court of Suffolk County were contested. These orders pertained to issues surrounding paternity, acknowledgment of paternity, and parental access to a child. In a relatively unusual move, the court vacated an acknowledgement of paternity.

In New York, the court may vacate an acknowledgment of paternity under specific circumstances, typically when there is evidence that the acknowledgment was obtained through fraud, duress, or mistake of fact.

Firstly, if there is clear and convincing evidence that the acknowledgment was obtained through fraud, the court may intervene to vacate it. Fraudulent circumstances could include misrepresentation of paternity by one of the parties involved, such as if the individual signing the acknowledgment knew they were not the biological parent but falsely claimed to be.

Published on: August 28, 2024

Whether a man could claim paternity, despite the child having a father-child relationship with another man. Yaseen S. v. Oksana F., 214 A.D.3d 883 (N.Y. App. Div. 2023)

by Stephen Bilkis

In, Yaseen S. v. Oksana F., 214 A.D.3d 883 (N.Y. App. Div. 2023), a case before the Family Court of Richmond County, Yaseen S. appealed a decision denying his paternity petition and petition for visitation with a child. The court granted the attorney for the child’s petition to adjudicate another man, Yuriy K., as the father of the child.

Background Facts

Yaseen S. initiated legal proceedings under Family Court Act Article 5 to establish his paternity regarding the subject child and simultaneously filed a petition under Article 6 seeking visitation rights. These actions reflect his desire to assert his parental rights and establish a relationship with the child. Concurrently, the attorney representing the child initiated proceedings to adjudicate another man, Yuriy K., as the father of the child. This action suggests a legal challenge to Yaseen S.’s claim of paternity.

Published on: August 19, 2024

Applicability of equitable estoppel in a paternity case. Danielle E.P. v. Christopher N., 2022 N.Y. Slip Op. 4841 (N.Y. App. Div. 2022)

by Stephen Bilkis

At the center of the case of Danielle E.P. v. Christopher N., 2022 N.Y. Slip Op. 4841 (N.Y. App. Div. 2022) is a child born in September 2016, whose biological father’s identity was at issue. The court was asked to determine whether the doctrine of equitable estoppel should be applied.

The doctrine of equitable estoppel operates to prevent a party from asserting a legal claim or right when it would be unjust or unfair to allow such assertion due to that party’s prior actions, representations, or silence. In the context of paternity proceedings, equitable estoppel may be invoked to preclude a mother from asserting the biological paternity of a child when she has fostered a close relationship between the child and another father figure and it would be detrimental to the child’s welfare to disrupt that relationship. Essentially, equitable estoppel aims to prevent injustice by preventing a party from taking advantage of their own conduct to the detriment of another party who has reasonably relied on that conduct.

Background Facts