Suarez and Suyapa were "best friends," and Mr. Acosta testified that during the time he and Suyapa were dating and later married, Mr. Acosta testified that his name is on both children's birth certificates, and they both call him "Daddy." Mr. They had two children, Adriana and Gabriella. They became engaged in 2006 and married in 2007. Acosta testified that he met Suyapa in 2004 when they both worked at Pep Boys. Suarez testified at the hearing before the domestic commissioner. A hearing on the exceptions was held before the domestic commissioner on April 15, 2015.īoth Mr. Suarez's paternity/avowal action concerning Adriana. Acosta filed exceptions of no cause and/or no right of action, and prescription and/or peremption 4 as to Mr. Suarez alleges that he could not have known that Adriana was his child until he received the DNA test results proving his paternity. As a result of learning this information, "he underwent DNA testing." According to the petition, "the results of the DNA test proved with 99.999999% certainty" that Mr. In March of 2014, he was told by a co-worker, Trenella Daigs, that he was Adriana's biological father. He further alleged that he was "intentionally deceived" by Suyapa as to his status as Adriana's biological father. Suarez alleged that prior to the Acostas' marriage, he maintained a relationship with Suyapa that resulted in the conception and birth of Adriana. 2 Pertinent to his patemity/avowal suit, Mr. Suarez filed a "Petition for Paternity Suit, Child Custody and Child Support" against Mr. On April 24, 2012, Suyapa died of leukemia. Acosta is listed as Adriana's father on her birth certificate. 1 On February 14, 2007, Adriana Acosta was born to Suyapa.
FACTS AND PROCEDURAL HISTORYĪlvin Acosta and Suyapa Casco Acosta ("Suyapa") were married on January 21, 2007. Plaintiff/appellant, Carlos Suarez, appeals the trial court's Jjudgment that maintained defendant/appellee, Alvin Acosta's, peremptory exception of prescription/peremption in this paternity/avowal action brought by Mr.
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