The petitioner in this case is Sean H. and the respondent is Leila H. The case is being heard in the Supreme Court of the State of New York in Bronx County. This case brings up an interesting situation where the husband held himself as the father of the wife’s child, even though he knew that he was not. For over four years the petitioner, Sean H. acted as the father of the child. A New York Family Lawyer said this included signing an acknowledgment of paternity and giving the child his name. Now the petitioner and respondent are estranged and the biological father of the child has reentered the respondent’s life. The question before the court is who the legal father of the child is and who has the right to pursue visitation rights with the child.
Case Background
The petitioner is seeking visitation rights with the child, T. who is the biological child of the respondent. The petitioner and respondent were married after the child was born. The child was born on the 17th of November, 1997. Almost two years after the birth the petitioner signed an acknowledgment of paternity and his name was added to the child’s birth certificate. The couple held the child out to be the biological father of the child for several years.