C.C. v. A.B.

This case involves the question whether a man, who alleges that he is the father of a child, may bring an action to establish his paternity when the mother of the child is, and was at the time of the child’s conception and birth, married to another man.

The plaintiff, C.C., filed a complaint in which he alleged that he is the father of a certain child. The plaintiff sought an adjudication of his paternity and a right of visitation with the child. The defendant, A.B., is admittedly the mother of the child.

The mother moved to dismiss the plaintiff’s complaint. She alleged that she was married to…