In a unique ruling, Judge Julianne S. Eisman, sitting in the Family Court in Nassau County, has ruled that a non – biological father is the true father of a child and, furthermore, that the biological father is not and can have no visitation with the child. The child’s mother had a romantic relationship with two men. When she became pregnant, she didn’t tell either one about the existence of the other.
A few months after the child was born, father one (AH) decided the daughter looked like father two (MB). AH told MB that MB was probably the father. AH had numerous scheduled DNA tests that he refused to show up for. Eventually, MB took a DNA test and he was confirmed to be the father.
MB moved to New Jersey and had little contact with the child. MB took no legal action to establish his rights to be the father of the child. At that time, he was unaware that any one else claimed to be the child’s father.
The mother developed a relationship with a third man, hereinafter referred to as RB. She continued to have a relationship with RB on an “on again, off again” basis. RB maintained a close relationship with the girl who he believed was his daughter. The child lived with him and his mother from the time she was six months old. The mother eventually married a fourth man. Eventually all three men were put in communication with each other and realized what the real story was in this case. Judge Eisman, in her decision, stated that RB “holds the child out to be his daughter and the child refers to him as her real daddy.”
Judge Eisman, in her decision, stated that under the theory of Equitable Estoppel, RB, even though he was not the biological father, he is considered to be the father of the child and MB can no longer have visitation with the child.
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