Derrick H. v. Martha J.

Summary

The court held that the petitioner established that he signed an acknowledgment of paternity because of a material mistake of fact. It further held that equitable estoppel and collateral estoppel did not bar the challenge because no substantial parent-child relationship existed and paternity had not actually been litigated in the prior support proceeding. The court reversed and remitted the matter for genetic or DNA testing and a determination of paternity under Family Court Act § 516-a(b)(ii).

Holdings

1. The petitioner established that he executed the acknowledgment of paternity because of a material mistake of fact.
2. Equitable estoppel did not bar the petitioner's challenge because the evidence did not establish a parent-child relationship or harm to the child from allowing the proceeding to continue.
3. Because equitable estoppel was unwarranted, the court was required to order genetic-marker or DNA testing and to vacate the acknowledgment if testing established that Derrick was not the child's father.
4. The prior support order did not collaterally estop the petitioner from challenging paternity.

Questions Presented

1. Whether the petitioner established that he signed the acknowledgment of paternity because of a material mistake of fact.
2. Whether equitable estoppel, based on the child's best interests, barred the petitioner from challenging the acknowledgment of paternity.
3. Whether genetic-marker or DNA testing was required under Family Court Act § 516-a (b) (ii).
4. Whether a prior support order had collateral-estoppel effect on the issue of paternity.

Disposition

reversed_and_remanded