Phyllis W. v. Bernie X.

Appeal, by permission, from an order of the Family Court of Chemung County (Frawley, J.), entered December 23, 1992, which, in a proceeding pursuant to Family Court Act article 5, denied respondent’s motion to dismiss the petition.

In June 1982, petitioner married and in April 1986 gave birth to a son. The birth certificate listed petitioner’s husband as the father. In January 1989, petitioner and her husband separated and he thereafter petitioned for custody of the child. In February 1989, Family Court granted joint legal custody of the child with physical custody to petitioner. In May 1990,…