Glenda G. v. Mariano M.

Summary

The Appellate Division affirmed an order declaring the respondent to be the father of the subject child. The court held that the respondent was estopped from denying paternity because he had assumed a parental role and led the child to believe he was the father, and that his request for DNA testing nearly 13 years after the child’s birth was insufficient.

Holdings

1. Family Court properly estopped respondent from denying paternity because he assumed the role of a parent and led the child to believe that he was the child's father, and the child's best interests required estoppel.
2. Respondent's desire to resolve his doubts about biological paternity was not a sufficient basis for ordering DNA testing nearly 13 years after the child's birth.
3. Although Family Court should have reduced its decision to writing at the time as required by Family Court Act § 418(a), reversal was not required because respondent was present when the court made its fact-finding on the record and the court's reasoning was clear to him.

Questions Presented

1. Whether respondent should be estopped from denying paternity because he assumed the role of a parent and led the child to believe he was the father.
2. Whether respondent's request for DNA testing nearly 13 years after the child's birth provided a sufficient basis for ordering genetic testing.
3. Whether Family Court's failure to reduce its decision to writing at the time required reversal.

Disposition

affirmed