Legal Opinion

Damien v. J.G.

New York Family Court

Decided December 3, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Patricia E. Gallaher, J.

This case prevents the complex question of whether it would be in the best interests of the two subject girls to ignore racial facts and conclusions that will appear obvious to virtually anyone seeing the parties and subject children, when ruling on a paternity claim made against a marital presumption of legitimacy. Here, the dark-skinned and apparently African-American petitioner Damien filed to be declared the father of the two young girls who are legally the daughters of respondents J.G. and C.G. (hereinafter the respondent shall be Mr. G.). Mr.…

2Cases cited12 opinions

  1. In Re the Estate of FindlayNew York Court of Appeals · 1930
  2. Bilkovic v. LoebAppellate Division of the Supreme Court of the State of New York · 1913
  3. Fung v. FungAppellate Division of the Supreme Court of the State of New York · 1997
  4. In re the Estate of WendelNew York Surrogate's Court · 1933
  5. Beuschel v. ManowitzNew York Supreme Court · 1934

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