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MATTER OF P. v. J.

184 A.D.2d 1072 (1992)

In the Matter of Jean P., Respondent, v. Roger Warren J., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 25, 1992

Order unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Family Court erred in determining that respondent was the father of a child born to petitioner, in awarding petitioner counsel fees and in awarding custody of the child to petitioner. One of the strongest and most persuasive presumptions in law is that a child born to a married woman is presumed to be fathered by her husband (see, Matter of Fay,

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