You are here: / / DOCTRINE OF EQUITABLE ESTOPPEL DID NOT APPLY TO PETITIONER’S REQUEST...

DOCTRINE OF EQUITABLE ESTOPPEL DID NOT APPLY TO PETITIONER’S REQUEST FOR AN ORDER OF FILIATION, CRITERIA EXPLAINED.

The Third Department affirmed Family Court’s finding that the doctrine of equitable estoppel did not apply to petitioner’s application for an order of filiation. Equitable estoppel is triggered when the party seeking an order of filiation has acquiesced in the development of a parent-child relationship with another man. Here, although the child recognized some persons as “father figures” no parent-child relationship had developed with any single person:

 

“The doctrine of equitable estoppel is a defense in a paternity proceeding which, among other applications, precludes a man . . . from asserting his paternity when he acquiesced in the establishment of a strong parent-child bond between the child and another man” … . The party asserting application of the doctrine — here, the attorney for the children — “has the initial burden of establishing a prima facie case to support that claim” … . Assuming that burden is met, the burden then shifts to the nonmoving party — here, petitioner — to establish that it would be in the best interests of the children to order the genetic marker test … .

… [W]e agree with Family Court that application of the doctrine of equitable estoppel is not warranted here. Although the children’s therapist testified on direct (and respondent testified on rebuttal) that the girls do not recognize petitioner as their father, “[n]oticeably absent from the record is any indication that [another identified individual] played a significant role in raising, nuturing or caring for [respondent’s children]” … . To the contrary, both the therapist and respondent acknowledged that the children identified a number of individuals as “father figures” in their lives … . Hence, establishing petitioner’s paternity would not disrupt an existing parent-child relationship between the children and another individual … . Matter of Patrick A. v Rochelle B., 2016 NY Slip Op 00079, 3rd Dept 1-7-16

 

FAMILY LAW (EQUITABLE ESTOPPEL DID NOT APPLY TO PETITIONER’S REQUEST FOR AN ORDER OF FILIATION)/EQUITABLE ESTOPPEL (FAMILY LAW, EQUITABLE ESTOPPEL DID NOT APPLY TO PETITIONER’S REQUEST FOR AN ORDER OF FILIATION)/FILIATION, ORDER OF (EQUITABLE ESTOPPEL DID NOT APPLY TO PETITIONER’S REQUEST)/PATERNITY (EQUITABLE ESTOPPEL DID NOT APPLY TO PETITIONER’S REQUEST FOR AN ORDER OF FILIATION)

You might also like
THE REPEAL OF THE RELIGIOUS EXEMPTION TO THE PUBLIC HEALTH LAW REQUIRING VACCINATION AGAINST MEASLES IS CONSTITUTIONAL (THIRD DEPT).
No Appeal Lies from an Ex Parte, Sua Sponte, Judgment/Order
Sole Custody to Mother Appropriate Because Voluntary Joint Custody No Longer Working
THE PARTIES TO THE CONSTRUCTION CONTRACT DID NOT COMPLY WITH THE FORMAL REQUIREMENTS FOR CHANGE ORDERS; THEREFORE THE FORMAL REQUIREMENTS WERE WAIVED AND THE FAILURE TO COMPLY WAS NOT A BREACH (THIRD DEPT). ​
Sexual Harassment Created Hostile Work Environment/Firing Was Impermissible Retaliation 
Purchaser of a Hazardous Waste Treatment, Storage or Disposal Facility Was Not Required to Provide Financial Assurance for the Ongoing Performance of Corrective Action Imposed Upon the Prior Owner
CLAIMANT’S INJURIES DID NOT ARISE OUT OF HIS EMPLOYMENT; CLAIMANT WAS STRUCK BY A CAR CROSSING THE STREET IN FRONT OF HIS PLACE OF EMPLOYMENT (THIRD DEPT).
ALTHOUGH CLAIMANT DID NOT SUCCEED IN DEMONSTRATING HER CONDITION HAD WORSENED SUCH THAT SHE WAS ENTITLED TO INCREASED BENEFITS, HER COUNSEL’S FEES SHOULD NOT HAVE BEEN RESCINDED BY THE WORKERS’ COMPENSATION BOARD (THIRD 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 © 2024 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

FINAL ORDERS OF PROTECTION ISSUED ON THE COURT’S OWN MOTION WITHOUT FOLLOWING... FORECLOSURE OF A REVERSE MORTGAGE CAN BE BASED UPON HOMEOWNER’S FAILURE...