You are here: / / Acknowledgment of Paternity by Mother’s Husband Did Not Preclude...

Acknowledgment of Paternity by Mother’s Husband Did Not Preclude Biological Father’s Petition to Be Declared the Father of the Child

The Second Department reversed Family Court, finding that the mother’s husband’s acknowledgment of paternity was not a bar to the biological father’s petition to be declared the father of the child:

The subject child was born to the mother on July 11, 2007. The mother was unmarried at the time. On February 17, 2009, the mother married nonparty Gaston R. In or around September 2011, the petitioner filed the instant petition seeking to be declared the father of the subject child. An existing acknowledgment of paternity dated February 20, 2009, named Gaston R., not the petitioner, as the father of the subject child. The mother and Gaston R. do not dispute that the petitioner is the biological father of the subject child. The Family Court dismissed the paternity petition without a hearing on the basis that the petitioner could not establish fraud as required by Family Court Act § 516 to vacate an acknowledgment of paternity. We reverse.

The Family Court erred in treating the petition as one to vacate the acknowledgment of paternity. The petition sought to declare the petitioner the father of the child (see Family Ct Act § 524). A prior acknowledgment of paternity made in accordance with Family Court Act § 516-a does not serve as an insuperable bar to a claim of paternity by one who is a stranger to the acknowledgment … . Matter of Thomas T, 2014 NY Slip Op 06834, 2nd Dept 10-8-14

 

You might also like
THE WARRANTLESS SEARCH OF A HOME TO RETRIEVE A HANDGUN DEFENDANT HAD THROWN UNDER A CHAIR IN THE PRESENCE OF THE POLICE WAS NOT JUSTIFIED UNDER ANY EXCEPTION TO THE WARRANT REQUIREMENT, THE PLAIN VIEW DOCTRINE DID NOT APPLY BECAUSE THE OFFICER DID NOT KNOW WHAT THE DEFENDANT HAD THROWN UNDER THE CHAIR, THE EMERGENCY EXCEPTION DID NOT APPLY BECAUSE THE DEFENDANT WAS IN CUSTODY WHEN THE OFFICER REENTERED THE HOME TO LOOK UNDER THE CHAIR (SECOND DEPT).
Prima Facie Case of Family Offenses Not Established (Forcible Touching and Sexual Abuse)
Decedent’s Acknowledgment of Paternity of Nonmarital Child Precluded Objections to Distribution by Sibling
TOWN DID NOT DEMONSTRATE IT DID NOT CREATE THE CONDITION WHICH RESULTED IN THE FORMATION OF ICE, TOWN’S MOTION FOR SUMMARY JUDGMENT IN THIS SLIP AND FALL CASE PROPERLY DENIED (SECOND DEPT).
REQUEST FOR THE NAME OF THE MOHEL WHO PERFORMED CIRCUMCISION ON AN INFANT WHO BECAME INFECTED WITH HERPES SIMPLEX VIRUS PROPERLY DENIED.
NEITHER THE ABUTTING PROPERTY OWNER NOR THE CITY WERE ENTITLED TO SUMMARY JUDGMENT IN THIS SIDEWALK SLIP AND FALL CASE (SECOND DEPT).
COMPANY WHICH HIRED PLAINTIFF’S EMPLOYER AND PROPERTY OWNER LIABLE FOR PLAINTIFF’S FALL UNDER LABOR LAW 240 (1) AND 241 (6), THE COMPANY WHICH HIRED PLAINTIFF’S EMPLOYER WAS A PROPER DEFENDANT BECAUSE IT HAD THE AUTHORITY TO SUPERVISE, EVEN IF IT DID NOT EXERCISE THAT AUTHORITY (SECOND DEPT).
REAR MOST DRIVER RAISED A QUESTION OF FACT ABOUT WHETHER THE DRIVER IN FRONT STOPPED SUDDENLY AND DID NOT SIGNAL (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Conviction for Which an Illegal Sentence Was Imposed Can Not Serve as the Basis... Criteria for Setting Aside a Verdict As a Matter of Law and Setting Aside a...