Queens

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.

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.

Articles Posted in Queens

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)

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)