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CEREMONIAL MARRIAGE SUFFICIENTLY PROVEN, CHILD ENTITLED TO SUPPORT.

The First Department, in a full-fledged opinion by Justice Acosta, affirmed the support magistrate’s finding that a ceremonial marriage had taken place and, therefore, the child of the marriage was entitled to support from the father. The mother described the Islamic marriage ceremony, and presented some additional proof (photos and a daughter’s testimony). Father acknowledged living with mother and relying on her to raise his children, but denied the marriage:

The presumption of legitimacy has since been codified in the Family Court Act, which provides, “A child born of parents who at any time prior or subsequent to the birth of said child shall have entered into a ceremonial marriage shall be deemed the legitimate child of both parents for all purposes of [support proceedings] regardless of the validity of such marriage” … . A ceremonial marriage need not take any particular form, provided that the parties solemnly declare in the presence of a clergyman or magistrate, and at least one witness, that they intend to be married … .

… New York courts … treat the presumption as a rebuttable one … . To rebut the presumption, the challenger must disprove legitimacy by clear and convincing evidence … . The court’s determination after a hearing that respondent and [mother] entered into a ceremonial marriage is supported by the evidence and the court’s credibility determinations, which “are entitled to great weight, since the nisi prius court is in a better position to evaluate the witnesses” … . Therefore, we affirm the court’s factual determination that a ceremonial marriage took place. Matter of Commissioner of Social Servs. v B.C., 2016 NY Slip Op 08613, 1st Dept 12-22-16

 

FAMILY LAW (CEREMONIAL MARRIAGE SUFFICIENTLY PROVEN, CHILD ENTITLED TO SUPPORT)/SUPPORT (FAMILY LAW, CEREMONIAL MARRIAGE SUFFICIENTLY PROVEN, CHILD ENTITLED TO SUPPORT)/CEREMONIAL MARRIAGE (FAMILY LAW, CHILD SUPPORT, CEREMONIAL MARRIAGE SUFFICIENTLY PROVEN, CHILD ENTITLED TO SUPPORT)/CHILD SUPPORT (CEREMONIAL MARRIAGE SUFFICIENTLY PROVEN, CHILD ENTITLED TO SUPPORT)/LEGITIMACY, PRESUMPTION OF (CEREMONIAL MARRIAGE SUFFICIENTLY PROVEN, CHILD ENTITLED TO SUPPORT)

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