Legal Opinion
L.M. v. J.S.
New York City Family Court
Decided October 28, 2004PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Debra Silber, J.
The presumption of legitimacy does not attach to a husband who, absent equitable estoppel, has clearly rebutted any such presumption by living separate and apart from the mother and having obtained a legal separation or divorce prior to the child’s birth. In this, the 21st century, with genetic marker tests available, there is no sound basis to hold otherwise.
Petitioner mother filed a paternity petition seeking an order declaring respondent J.S. the father of J.M.S., born June 27, 2003. It is undisputed that petitioner and her ex-husband, A.V, were married…
2Cases cited12 opinions
- In Re the Estate of FindlayNew York Court of Appeals · 1930
- Sharon GG. v. Duane HH.Appellate Division of the Supreme Court of the State of New York · 1983
- Anonymous v. AnonymousAppellate Division of the Supreme Court of the State of New York · 1956
- David L. v. Cindy Pearl L.Appellate Division of the Supreme Court of the State of New York · 1994
- Michaella M. M. v. Abdel Monem El G.Appellate Division of the Supreme Court of the State of New York · 1984
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barbara S. v. Michael I.Appellate Division of the Supreme Court of the State of New York · 2005
- Abreu v. ColvinDistrict Court, S.D. New York · 2015
- Andrew T. v. Yana T.New York Supreme Court · 2009
- Motley v. ColvinDistrict Court, S.D. New York · 2014