Legal Opinion

JUANITA A. v. Kenneth Mark N.

New York Court of Appeals

Decided May 4, 2010No. 75PublishedCited by 62 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

The issue before this Court is whether a biological father may assert an equitable estoppel defense in paternity and child support proceedings. Under the circumstances of this case, where another father figure is present in the child’s life, we hold that he may assert such a claim.

On June 25, 1994, the child, A., was born. At the time, mother was unmarried, but living with Raymond S., who was listed as A.’s father on her birth certificate. Mother and Raymond had a previous child together and, after the birth of A., had another child. When A. was seven years old,…

2Cases cited5 opinions

  1. MTR. OF SHONDEL J. v. Mark D.New York Court of Appeals · 2006
  2. Matter of Baby Boy C.New York Court of Appeals · 1994
  3. Richard W. v. Roberta Y.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Purificati v. ParicosAppellate Division of the Supreme Court of the State of New York · 1989
  5. Fidel A. v. Sharon N.Appellate Division of the Supreme Court of the State of New York · 2010

3Cited by62 opinions

  1. Derrick H. v. Martha J.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Felix O. v. Janette M.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Edward WW. v. Diana XX.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Sidney W. v. Chanta J.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Marquis B. v. Alexis H.Appellate Division of the Supreme Court of the State of New York · 2013

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