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AIKENS, JUANITA v. NELL, KENNETH MARK
Citation: Not availableDocket: CAF 11-00222
Court: Appellate Division of the Supreme Court of the State of New York; January 30, 2012; New York; State Appellate Court
Original Court Document: View Document
The Supreme Court of the State of New York, Appellate Division, affirmed an order from the Family Court of Ontario County that denied a petition by Juanita Aikens seeking a determination that Kenneth Mark Nell is the father of her child and an award of child support. The court previously addressed this matter in a prior appeal, where it ruled on the issue of whether a biological father could assert an equitable estoppel defense in paternity and child support cases. The Court of Appeals held that under certain circumstances, a biological father could assert such a claim, especially when another father figure is present in the child's life, and remitted the case to Family Court for further proceedings. In the current appeal, the Attorney for the Child contended that the Family Court erred by not determining that Nell is the father. However, the appellate court affirmed the lower court's ruling. The Attorney for the Child waived arguments regarding the Family Court's conduct of a Lincoln hearing and the reliance on the child's statements from that hearing, as it was requested by her. The appellate court found no abuse of discretion in conducting the Lincoln hearing or in considering the child's statements when determining her best interests. The order was affirmed without costs.