Legal Definitions - nonaccess

In family law, nonaccess refers to the absence of any opportunity for sexual intercourse between two individuals during a specific period. This concept is most frequently raised as a defense in paternity cases, where a man is alleged to be the biological father of a child. If the alleged father can convincingly demonstrate that he had no opportunity for sexual intercourse with the mother during the time the child would have been conceived, it serves as strong evidence that he could not be the biological father.

Here are some examples illustrating the concept of nonaccess:

• Example 1: Geographic Separation

  A woman files a paternity suit against a man, claiming he is the father of her child. The man, however, presents evidence that for the entire nine-month period leading up to the child's birth, he was deployed overseas with the military and had no contact with the woman. His military records and travel documents confirm his continuous presence in a different country during the relevant time frame.

  This illustrates nonaccess because the significant geographic distance and documented absence from the mother's location during the conception period clearly demonstrate that he had no opportunity for sexual intercourse with her.

• Example 2: Incarceration

  A woman gives birth to a child and names her estranged husband as the father. The husband, seeking to dispute paternity, provides court records showing that he was incarcerated in a state correctional facility for the entire duration of the child's conception and gestation, with no conjugal visits permitted or recorded.

  Here, nonaccess is established because the husband's incarceration physically prevented him from having any opportunity for sexual intercourse with his wife during the critical period when the child would have been conceived.

• Example 3: Documented Physical Incapacity

  A man and woman were in a relationship, but during the period when the woman became pregnant, the man was hospitalized for several months following a severe accident that left him temporarily paralyzed and medically unable to engage in sexual activity. Medical records and hospital visitation logs confirm his continuous hospitalization and physical condition during the entire conception window.

  This scenario demonstrates nonaccess because the man's documented medical condition and hospitalization rendered him physically incapable of sexual intercourse, thereby eliminating any opportunity for him to be the biological father during that time.