D.W. v. R.W., A-4 September Term 2011; Supreme Court; opinion by Albin, J.; dissent by Wefing, P.J.A.D., temporarily assigned; decided October 10, 2012. On certification to the Appellate Division. [Sat below: Judges Grall and LeWinn in the Appellate Division; Judge Hansbury in the Family Part.] DDS No. 20-1-7924 [56 pp.]
During the course of their marriage, Richard and Diane had three children, including Mark. After Diane filed a complaint for divorce, Richard filed an amended answer and counterclaim, alleging that she fraudulently concealed that he was not Mark’s biological father. He also filed a third-party complaint against his ex-brother-in-law, Donald, alleging that Donald was Mark’s biological father and demanding reimbursement for the monies spent rearing Mark. Donald neither admitted nor denied paternity.
