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Sean H. v. Leila H., V-19959/02

Equitable Estoppel Does Not Confer Standing To Biological Stranger to Pursue Visitation

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Justice Kiesel

SEAN H. v. LEILA H. — This case involves a unique set of circumstances in which a husband held himself out to be the father to his wife’s child even though they both knew he was not. For more than four years, petitioner Sean H. acted as father to respondent Leila H’s child, T. After her birth, he signed an acknowledgment of paternity, gave her his name and both parties told the child and the rest of the world he was her father. There is no dispute that he loves the child and acted as a responsible parent to her. Now that the petitioner and respondent are estranged and the biological father has returned to the respondent’s life, the overarching legal issues presented here are: 1) who is T’s legal father? ; and 2) who has a legal right to pursue visitation with her?

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