Goff v. Lops
| Citation | 215 N.Y.S.2d 118,28 Misc.2d 653 |
| Parties | Betty Jean GOFF, Petitioner, v. Michael Frederick LOPS, Respondent. Children's Court, Niagara County |
| Decision Date | 11 May 1961 |
| Court | New York Children's Court |
Thomas E. Hart, Asst. County Atty., Lockport, for petitioner.
Shavasp Hanesian, Niagara Falls, for respondent.
Uniform Support Proceeding under Article 3-A of the Domestic Relations Law for the support of an infant allegedly born out of wedlock.
There appears to be no dispute that the respondent was dating the petitioner during the winter of 1958-1959 and was having sexual intercourse with her during that period of time. The child was born in September, 1959.
In November, 1959, respondent executed an affidavit acknowledging that the child was his. The affidavit was made pursuant to Section 33 of the Domestic Relations Law which confers jurisdiction in Uniform Support Proceedings when the natural father has acknowledged paternity by a verified written statement.
Subsequently, respondent learned that petitioner had been married and had not obtained her divorce until March, 1959. He seeks to avoid the effect of his admission of paternity by raising the presumption of legitimacy of a child born to a married woman.
Such presumption would perhaps not allow him to gain by his admission. People ex rel. Louvar v. Convent of Sisters of Mercy in Brooklyn, Sup., 109 N.Y.S.2d 846. Here however, as in People ex rel . Bygland v. Gouse, Child Ct., 134 N.Y.S.2d 328, 334, affirmed People on Complaint of Bygland v. Gouse, 285 A.D. 1077, 141 N.Y.S.2d 503,
An order will enter directing the respondent to pay $25 per month for the support of the child.
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M v. W
... ... See Re Miller, 114 N.Y.S.2d 304 (Children's Court); Goff v. Lops, 28 Mich.2d 653, 215 N.Y.S.2d 118 (Children's Court). See also Anonymous v. Anonymous, 49 Misc.2d 675, 677, 268 N.Y.S.2d 710 (Family Court) ... ...
- Kenney v. Kenney