Fahima A. v. Shah A., 156 A.D.3d 876
Dec 27, 2017OUTCOME: The Family Court order was reversed and the matter was remitted to the Family Court for further proceedings.
The mother commenced a Family Court proceeding to declare Shah A. the father of the child. The mother's husband moved to dismiss the petition, contending that it was barred, among other things, by the ... doctrine of judicial estoppel. The Family Court granted husband's motion to dismiss the petition, without conducting a hearing. The mother appealed. Mr. Green was the attorney for the mother in both Family Court and in the successful appeal. The Appellate Court held that the paramount concern in a paternity proceeding is the child's best interests and the child's best interests must be considered when applying the doctrine of judicial estoppel, requiring a full hearing in this case.
