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T.L.F. v. D.W.T.

The trial court correctly refused to apply the presumption of paternity because during the time the baby was conceived appellee was engaging in sexual intercourse exclusively with appellant, and not with her husband and, upon learning that she was pregnant, appellee separated from her husband and specifically told him that he was not the father.

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� 1 This is an appeal from the order entered in the Court of Common Pleas of Bradford County directing Appellant D.W.T. to appear for genetic blood testing. *fn1 On appeal, Appellant contends that (1) the trial court erred in refusing to apply the presumption that a child conceived or born during marriage is a child of the marriage, and (2) the trial court erred in holding that estoppel did not bar Appellee T.L.F. from making a claim against Appellant for child support. We affirm.

� 2 The relevant facts and procedural history are as follows: Appellee is married to D.F. In November of 1999, Appellee, while continuing to reside with her husband, began having extramarital sexual intercourse with Appellant. The extramarital sexual relations occurred approximately two to three times per week between November of 1999 and August of 2000. On the other hand, Appellee and D.F. ceased sexual intercourse with each other during most of 1999, with the exception of September 1999, and all of 2000. Besides D.F. and Appellant, Appellee had no other sexual partner in 1999 or 2000.

� 3 In March of 2000, Appellee and D.F. separated,*fn2 and Appellee told D.F. that she was pregnant. Appellee informed D.F. that he was not the father of the child, and, on August 15, 2000, Appellee gave birth to E.F. Appellant was present at the hospital when E.F. was born, but D.F. was not. However, D.F. visited Appellee and E.F. while they were in the hospital. E.F.’s birth certificate contains no information concerning the identity of the father. Since E.F.’s birth, D.F. has babysat the child while he was also watching his and Appellee’s biological minor child, J.F.

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