Long Island’s Best Divorce Lawyer said this was an appeal of an order of the Family Court granting Respondent’s application to dismiss the paternity proceeding. The subject child was born to the Respondent Mother (hereafter the mother) while she was married to the Petitioner. Respondent 2 (hereafter Suitt) commenced the underlying paternity proceeding alleging that he was the father.
A Nassau County Child Custody Attorney the Petitioner had a full and fair opportunity to present evidence at the paternity hearing. However, the Petitioner failed to appear at the hearing and also failed to submit to a genetic marker test. The Family Court found the Petitioner in default, found the presumption of legitimacy rebutted, and declared Suitt to be the subject child’s father. The appeal followed.
The Appellate Division affirmed the decision of the Family Court to dismiss the paternity proceeding. The Petitioner did not make any allegations of extraordinary circumstances which might have allowed him to obtain custody. The Appellate Division also found that the “prior determination as to paternity preclude[d] [the Petitioner] from claiming that he is a parent.”
If the above facts apply to your situation then seek out the advice of the experience Family Law Attorneys at Simonetti & Associates.