Allowing Husband to Repudiate Paternity Because of Wife's Alleged Extramarital Affair
In A.K. v. S.K., 264 N.J. Super. 79, 624 A.2d 36 (App.Div.1993), the parties were married in 1975. 264 N.J. Super. at 81, 624 A.2d 36.
Although the parties initially had difficulties conceiving children, because the husband had been treated with radiation and chemotherapy, three children were eventually conceived. Ibid.
When the parties were divorced in 1988, the property settlement agreement provided for joint legal custody of the children. Id., at 83, 624 A.2d 36.
Following the divorce, the ex-husband made at least two applications for physical custody of the children. Ibid.
In fact, at one point, the parties shared joint physical custody of the children. Id., at 84, 624 A.2d 36.
The court found that to allow husband to repudiate paternity, because of the wife's alleged extramarital affair, would leave the children without support. Id., at 89, 624 A.2d 36.
The court, in denying husband's request for HLA blood testing, held that "the doctrine of equitable estoppel therefore prohibits defendant from now seeking to avoid his support obligation on the grounds that he is not the father." Id. at 90, 624 A.2d 36.