Burnes v. Burnes

This is a proceeding brought under article 5 of the Family Court Act by the petitioner, the mother of the child, to declare the respondent, the father of the child, the petitioner mother alleging the child was born out of wedlock.

On examining the photo static copy of the birth certificate, the petitioner’s husband’s name appears, and on questioning the petitioner it is found that the petitioner is still married to the man whose name appears on the birth certificate, and was married at the time of the birth of said infant.

The purpose and intent of article 5 of the Family Court Act is to…