Buffalo, NY asked in Family Law and Child Support for New York

Q: I’m considering dating a single mother that’s serious about commitment. What can I do to protect from paternal estoppel?

How common is this occurrence and what length of time, in regards to providing and/or a cohabiting living situation, would make this applicable.

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1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: In my 34 years specializing in family law in NY I have never heard the term parental estoppel. However, if you are referring to a non biological parent being held out as the parent of a child for support purposes. NY has case law in which non biological "parents" have been held financially responsible but it is very case specific and generally requires a long term situation where the non biological parent holds himself out as the father.

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