Jean P. v. Roger Warren J.

Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Family Court erred in determining that respondent was the father of a child born to petitioner, in awarding petitioner counsel fees and in awarding custody of the child to petitioner. One of the strongest and most persuasive presumptions in law is that a child born to a married woman is presumed to be fathered by her husband (see, Matter of Fay, 44 NY2d 137, 142, appeal dismissed sub nom. Buck v Hunter, 439 US 1059, reh denied 440 US 968). To rebut that presumption, access by the husband must be disproved…