Contested Paternity in New York Family Law Cases

Paternity disputes can be complicated by the fact that there are multiple people claiming to have paternal rights. Even with the use of genetic testing, the New York courts prioritize the stability of the family for the child over biological facts. In this article, we’ll discuss a case where two men claimed to have paternity of a child. The matter went before the appeals court before it could be resolved.

Background of the case

In the aforementioned case, the petitioner initiated a paternity action in the family court of the State of New York to declare himself the biological father of the child. He wanted the court to order genetic testing to confirm he was the father of the child.

The issue, however, was that the child already had a father figure who had established a parental relationship with them. He had been acting as the father of the child for an extended period and the respondent, the mother, opposed genetic testing.

The question then became: should the court allow genetic testing to determine, once and for all, who was the biological father of the child?

The appeal

The key question involved something called equitable estoppel. Equitable estoppel is used in New York paternity cases to prevent an individual from claiming or denying paternity if it would be harmful to the child.

The factors that the court took into consideration included the quality and extent of the child’s relationship with the man who had been acting as his father, and the extent to which the child relied on the man as a parent figure.

In New York, the best interests of the child are of paramount importance, and the courts can even deny genetic testing if it would disrupt a stable relationship with a parent figure.

Looking at the facts, the court determined that if it allowed the paternity test, it would undermine the child’s relationship with an established father figure. Since the child had an existing parental relationship, it was not in the child’s best interests for it to be disturbed.

Equitable estoppel was thus applied, and the request for genetic testing was denied. 

Key takeaways from the case 

In this case, an important distinction in New York family law is affirmed: the law considers the role of the legal father to be more important than biology. Instead, the court makes its decision based on the best interests of the child and their emotional and psychological well-being.

In the aforementioned case, the law of equitable estoppel prevented the possible biological father from establishing paternity when the child already had a father figure. This highlights the importance of the child’s well-being and the relationships they have had in the past.

In a nutshell, the law in New York is centered on the best interests of the child and not on which man is the biological father.

Talk to a Rockland County, NY, Family Lawyer Today 

If you’re a Rockland County resident looking to establish paternity, the Rockland County family lawyers at The Law Office of Robert S. Sunshine can help you file your petition. Call our office today to schedule an appointment, and we can begin preparing your case right away.

Source:

nycourts.gov/REPORTER/3dseries/2021/2021_50870.htm