Possible Father was Estopped from Asserting Non-Paternity
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In the Matter of Commissioner of Social Services, on Behalf of Elizabeth S. v. Julio J., 57 SSM 44
A Family Court’s decision that a possible father should be equitably estopped from asserting non-paternity, was reinstated by the Appellate Division. The Appellate Court also reversed where the evidence supported the Family Court’s findings that: 1) the child knows possible father, with his encouragement, as her father; 2) a relationship existed insofar as the child was concerned; and 3) the child relied on possible father to be her father sufficiently such that it would be to her detriment for the court to direct DNA testing.
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