Paternity and Equitable Estoppel
Equitable estoppel typically arises as a defense in situations where a person, typically a nonbiological father, seeks to avoid child support obligations or the biological father belatedly seeks...
View ArticleBasics of Paternity in Family Court
Paternity is the term which describes a father’s legally enforceable rights and responsibilities to his child. Determination of paternity in New York is governed by the Article 5 of the Family Court...
View ArticleChild Support, Equitable Estoppel and Same-Sex Relationship
I have previously written about issues of equitable estoppel, which may result in non-biological parent being treated as a biological parent of the child. Recently, I came across a case, H.M. v. E.T.,...
View ArticleAsserting Equitable Estoppel As a Defense to a Paternity Proceeding
I have previously written about equitable estoppel. In a typical equitable estoppel situation, the birth parent, typically the mother, asserts equitable estoppel to prevent genetic blood marker...
View ArticleAcknowledgment of Paternity – Should It Be Signed By the Putative Father?
During the last few months, I have been involved with a case that involved an acknowledgment of paternity that was signed by someone who was not the child’s biological father. While most of the time...
View ArticleMinors and Rescission of Acknowledgment of Paternity
A recent bill signed into law by Governor Cuomo, allows minors who acknowledged paternity of their children to have a brief period of time when they turn 18 to seek to rescind that acknowledgment ....
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