New York Family Law Blog
In a story that was like it was made for a movie, Victoria D. daughter of Carole D. was the one who had two men claiming to be determined as her father. Carole was married to Gerald D. when she gave birth to Victoria. Carole was an international model, and Gerald was a top executive in a French oil firm. He had always said he was Victoria’s father, although tests showed that more than 98% probability, she was Michael H.’s. Carole had an affair with Michael while married to Gerald. A New York Family Lawyer said Victoria was the fruit of that adulterous affair.
For the first three year of Victoria’s life, she lived with Gerald, who treated her as his own child. Sometimes, she and her mother resided with other men. May was when Victoria was born, they lived with Gerald. October of the same year, Gerald moved to New York for business, and Carole and Victoria were in California. End of October, both Carole and Michael had tests done to check the paternity of Victoria and found the 98.07% probability she was Michael’s. January of the following year, Carole visited Michael. In March, she left and resided with Scott K. and in the same year with Gerald again, but by fall she was back with Scott.
November after the year Victoria was born, Michael filed a filiation action to get visitation rights and determine paternity because Carole was not allowing him access to Victoria. About six months after, Carole filed a motion for summary judgment. At this time, she had been with Gerald since March, which lasted until July. After, she was with Michael again and this time she asked her lawyers to withdraw the motion for summary judgment. For the next eight months, they lived together and April, before Victoria’s third birthday, Carole and Michael signed a stipulation that Michael was Victoria’s natural father. The month after, Carole left Michael and ordered her lawyers not to file the stipulation. She moved back with Gerald.
The same month that Carole and Victoria left, Michael filed a case seeking visitation rights.
The court asked a psychologist to look into Victoria, Gerald, Michael and Carole’s state of mind for them to determine if Michael should be granted visitation. The recommendation was yes, so Michael was granted limited visitation while the case is pending. According to a Gerald intervened and moved for a summary judgment saying there were no issues that should be determined in a trial for Victoria’s paternity. The court granted the motion, and it was also affirmed by the higher courts as the law says if a child is born to a married woman living with her husband who is not sterile or impotent, then the child is presumed theirs. This can only be contradicted by the husband or the wife. There can also be no custody or visitation issue as the court cannot say that Victoria has two fathers.
Sometimes, there are really cases that will seem like a movie and a child torn in between. Determining who the father is legally is something that law has provisions for. Determining the rights of people for visiting a child or deciding for a child the welfare of the child is still placed first.
Whether you have a paternity issue, custody battle, or need an order for protection, Stephen Bilkis and Associates have experienced legal counsel who can help. We have offices Queens, the Bronx, Brooklyn, Staten Island, and Manhattan in New York. We are in Suffolk County and Nassau County and in Westchester County in Long Island. In protecting your rights as a parent, we also see to it that your child’s welfare is not impaired. For a free consultation, call us today at 1-800-NY-NY-LAW.