Brandy L. Rivera, v. Luis Ruiz-Sepulveda

Brandy L. Rivera, v. Luis Ruiz-Sepulveda

Civil Action-Family Law-Support-Paternity-Petition to Open Determination of Paternity-Acknowledgement of Paternity-Paternity by Estoppel-Best Interests of the Child

The parties in this case on April 6, 2018 appeared before the Lebanon County Domestic Relations Office to execute an acknowledgement of paternity with regard to a child born on November 10, 2014.  On April 19, 2024, Brandy L. Rivera (“Mother”) filed a Complaint seeking support.  Following a hearing on October 3, 2024 where the issue of paternity was not mentioned, the Court adopted the Report and Recommendation of the Domestic Relations Master establishing a monthly support amount.  Luis Ruiz-Sepulveda (“Father”) did not file Exceptions to the Order of support.  On December 11, 2024, Father filed a document requesting to open the issue of paternity on the basis that although he acknowledged paternity years ago and has held the child out as his own with knowledge that another man is the biological father of the child, he no longer wants to be considered the father of the child.

1.  Acknowledgement of paternity constitutes conclusive evidence of a defendant’s paternity without further judicial ratification.    

2.  Paternity can be established by estoppel when a person holds himself out as the father of a child regardless of his true biological status.

3.  Paternity by estoppel should be informed according to the best interests of the child and will apply only where it can be shown on a developed record than it is in the best interests of the child involved. 

4.  Once the issue of paternity has been established, parentage is considered final except in limited circumstances in which an acknowledgement of paternity may be rescinded within sixty (60) days or a Petition to Open Paternity is filed.    

5.  Where Father voluntarily undertook the role as father knowing that he was not the biological father of the child for almost all the child’s life, there is no allegation or evidence of fraud, the child has maintained a healthy relationship with Father’s family and the child receives financial benefit from child support paid by Father, disestablishment of paternity as the child’s father would not be in the best interests of the child.

L.C.C.C.P. No. 2018-50261, Opinion by Bradford H. Charles, Judge, April 29, 2025.