Q: I live in NY State. Had a brief extramarital affair with a single young woman 4 years ago. She said she got pregnant and its my child. Never heard from her again. She then married, settled down with another man who is the only father the boy ever knew, and he calls him Dad since birth. Some months ago she contacted me to sign and give up my parental rights so her husband can adopt the boy. I did so thinking it was the end of it. But a few weeks ago, got papers asking for paternity and child support from Family Court. She said marriage is in trouble and this guy changed his mind. I make more $$ than both of them combined. I plan to challenge this using equitable estoppel defense against paternity. There seems to be plenty of case law support mostly issued by NY Appellate Court. Any advice?
A: David's Answer: Yes, the doctrine is arguably applicable. The issue may be that some Judges feel the doctrine of equitable estoppel cannot be used as a shield to disclaim paternity. That said, you need to employ an attorney as you'd need to file a motion on the issue so as to prevent the ordering of a DNA test on the 1st court date. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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