Attorney Larry Margolin was hired to represent a mother where the father denied paternity of their child. Attorney Margolin commenced a paternity proceeding against the father and obtained an order for the father and child to submit to a genetic marker test to determine paternity.
When the father refused to submit to the test, Attorney Margolin filed a motion for a default judgment against the father, drawing an inference that if the father had taken the test, it would be most favorable to the mother, and granting an order that the issues be deemed resolved in the mother’s favor holding the father was the child’s father. The father submitted to the paternity test and the Court issued an order of paternity. Based upon the father’s obstructionist tactics and lack of good faith, Attorney Margolin brought a motion seeking an award of attorney’s fees and disbursements, which the Court granted. Attorney Margolin commenced a petition for child support and obtained an order of sole custody to the mother on the first court appearance.
