Parent Trap? Litigation Explodes Over Paternity Fraud

[FreakinDJ]

Paternity fraud is rampant in the United States, triggering legislation and legal challenges in more than a dozen states, according to family law attorneys and fathers' rights activists.

At issue: Men claim women are getting away with trickery -- DNA evidence may show a man is not the father, but the courts are still forcing him to pay child support anyway.

"This is the new underdog," said Michigan family law attorney Michele Kelly, who represents mostly men tangled in paternity disputes. "I was a staunch feminist. I marched with Gloria Steinem. But the new victims in America are working men. All they are is a mule train."

Most recently, Kelly secured a victory for a Michigan man who had paid an estimated $80,000 in child support over 15 years to his ex-wife, despite DNA evidence that proved he wasn't the father of their first son. On March 23, after a bitter court battle, the case settled with the ex-wife agreeing to have all child support canceled. Richardson v. Luria, No. 91-7019-DM (Bay Co., Mich., Cir. Ct.).

http://www.law.com/jsp/article.jsp?id=1144414531354

[cornermouse]

1. I see a lot of potential for heartbroken children from this.

Kids losing the man they thought or considered to be their father is not a victory.

[LiberalFighter]

2. Doesn't do the kid any good either when the mother...

1) Knows the husband or man is not the father
2) Keeps it hidden until the divorce
3) Only pursues the biological father if getting divorced just for the money and not to provide a father

[cornermouse]

5. That's right.

Keep your priorities straight. Yourself first last and always.

I see a lot of potential here for men to "play at being daddy" till the child gets older or till they get bored and decide to walk away.

[FreakinDJ]

8. The usual response

The usual response is to call us "Dead Beat Dads" and move on to the next state sanctioned persecution of a man

Did anyone stop to think that perhaps the woman who lied is in fact the one who hurt the child? What of the child’s rights to know his true biological father?

[IndianaGreen]

3. Blame their lying mothers for that

DNA rules!

[FreakinDJ]

9. Perhaps the mother should have thought of that

Perhaps the mother should have thought of that BEFORE she committed fraud

Lied to her child

or Committed adultry

just a thought

or so much for a sense of Right and Wrong

[sandnsea]

4. This is so hard

I don't think a man should necessarily have to pay child support for kids that aren't theirs. But at the same time, I don't think a man should be presented with a bill, 15 years later, either. Fatherhood isn't just about being a bank, and that's how they end up being treated sometimes. But if fatherhood is about the relationship, then the DNA isn't the overriding factor either.

[LiberalFighter]

23. In Indiana statute of limitations I believe is until the child reaches 20

They make it seem like they are being fair by stating that the mother can only pursue if the child is 2 years old or less.

But the child can file until age 18 OR the parent OR the state can file on behalf of the child until age 18. So really the following doesn't mean diddly.


(b) The mother, a man alleging to be the child's father, or the division of family and children or its agents must file a paternity action not later than two (2) years after the child is born, unless:
(1) both the mother and the alleged father waive the limitation on actions and file jointly;
(2) support has been furnished by the alleged father or by a person acting on his behalf, either voluntarily or under an agreement with:
(A) the mother;
(B) a person acting on the mother's behalf; or
(C) a person acting on the child's behalf;
(3) the mother, the division of family and children, or the county office of family and children files a petition after the alleged father has acknowledged in writing that he is the child's biological father;
(4) the alleged father files a petition after the mother has acknowledged in writing that he is the child's biological father;
(5) the petitioner was incompetent at the time the child was born; or
(6) a responding party cannot be served with summons during the two (2) year period.
(c) If any of the conditions described in subsection (b) exist, the paternity petition must be filed not later than two (2) years after the condition described in subsection (b) ceases to exist.

[walkon]

6. Divorce laws

pertaining to ongoing monetary support are crap. Child support broke me for years and my kids DID NOT benefit and I had no way to provide for them 'cause of the law - I was broke.

[Evergreen Emerald]

10. You could not pay child support?

I do not understand your post. Child support benefits children. It helps pay for the roof over their heads and heat for their homes and food for their tummies.

I do not like the trend our society is taking of late with regard to women and children.

[Giant Robot]

7. Speaking generally on the other side of this debate

I am for the most part for paternity tests to determine who the father is to find child support, and then that person being responsible. I guess I would feel differently if this had been something like this dad was raising the child for the past ten years then tries to get out of responsibility. No sorry buddy. You were the only father that child has known. But other than that, I think it should be the biological father that gets tagged as the responsible party.

And here is why...

The ex-Mrs Giant Robot and I split up because things were not working out with us. It was obvious, neither one of us was happy, and neither one wanted to do anything about it. No harm no foul. We decided to separate and eventually divorce; being relatively naive I was ok with remaining legally married to her so that she could still have health insurance.

Two months later, she comes to me and tells me she is pregnant. And thinking back to our sex life, it was obvious the child was not mine. She was not labeling it as mine, nor was she trying to get anything from me. But according to the law of our state, I was the child's legal father. Our divorce took longer, as they had to wait until after the child was born. I had a Friend of the Court case opened, and she and I went to an intake together. As a funny aside, during that intake, I was trying to answer all the caseworker's questions quickly and easily to make this go faster; the ex kept answering every other question with, "Do you understand he's not the father??" It was funny to see that in action. At our divorce proceedings the prosecuting attorney had a representative there for the rights of the child, which scared the bejesus out of me. And the ex happened to bring in her new boyfriend, who was the child's father. That was just a random event. I found out later from the attorneys, that if he had not come forward, then the child would still have legally been mine. We needed him to admit this under oath. Why I am not sure, since she and I both were saying the child was not mine. But I got lucky.

The law needs to be adjusted so that situations like mine don't happen. I think, as I said above, that if it has been the only father the child has known for a good portion of his or her life, then yes that man should be responsible. But if not, then I don't believe the husband should have to pay for whatever the wife may have done.

[Llewlladdwr]

22. Why in the world....

should I be held responsible for another man's bastard just because I've been lied to non-stop for the last ten years?

[Giant Robot]

27. Ummmmm

Because its not about you its about the child. Just a thought there.

And here I thought I was going to come down as being very conservative on this issue.

[ktlyon]

11. I think men should have some say in whether a child is born.

Now men are at the mercy of the women. It takes two to create a child, it should take both to continue it. Failure to plan a pregnancy in advance should not take away one person's voice. Flame away...........

[creeksneakers2]

14. I can't imagine w hat it would take

to tell a woman who made love to you that she must choose between killing her fetus or raising a child in poverty.

[Demeter]

17. That's A Common Occurance, Pal

Even if you're married to the progenitor. New day, same old story.

[LeftyMom]

15. Real men take responsibility and don't try to control women

I hope you tell the ladies in your life how you feel about this, because if they're smart they'll load you right back up in the car and drop you off at home without some much as a kiss goodnight.

[Evergreen Emerald]

16. paleeeessee

Mercy of women? Men have choices, and what is funny about the argument you put forth is that it does not even consider the choice: be responsible for birth control.

Men's choice to have a baby comes at a different time than womens' choices (excuse the pun). The nature of the reproductive organs give women a choice later. Men who choose to have unprotected sex and spew their sperm anywhere with no thought to long term consequences make choices. They just don't want to live with them.

Responsibility.

[dsc]

12. There are two types of cases here

Ones where the fraud is discovered or discoverable early and ones where it isn't. The second case is easy. The man doesn't pay and that is that. The first is a bigger problem. Ideally the lying woman should lose custody of the child to the man involved and he should get the child support. I think if that happened often enough in these cases, women would think a lot longer and harder before engaging in this fraudulent behavior. It also would provide the benefit of the child living with an honest parent.

[SoCalDem]

13. Why not just include paternity DNA as part of the routine

tests that are done on every newborn? :sarcasm:

If the kid was not the husband's it would be a heads up early on, and might prevent problems later on after 3 or 4 more kids were added to the family..

[LiberalFighter]

24. Maybe it should be done considering the report that 30% of children

born in a marriage were not the child of the father.

[DiverDave]

18. Tough call all around.

What a heart wrenching thing, to find out that the child you thought was yours, isn't.
That the woman you thought was truthful, wasn't.
Personally, I think the woman should be charged with fraud.
The children are the kids of the father who raised them. period.
But, the fraud has to be addressed.
The biological father?, he pays.
He had a part in bringing the child into the world, he has a responsibility too.
And if anybody says that the bio. dad wasn't told and that absolves him...he coulda kept it in his pants.
He chose not to.
Actions...Consequences

[Blue_Tires]

19. but it's still ultimately up to the judge to determine

'the best interests of the child,' unfortunately...I am reminded of a case here about 10-12 years ago where a young girl went to court seeking child support (who evidently was getting around, because she had to narrow down the list of potential fathers to FOUR!!) and since the first three candidates were unemployed lowlifes with criminal records, the judge said the fourth guy had to pay, even though it was proven that he was NOT the father (the fourth guy was older and more responsible, and had a steady job with benefits)

ugh---my snip cannot come fast enough

[bemildred]

20. It is not equitable to force an unrelated person to support a child.

It the state is so concerned that the child be well taken care of, and it should be, then it should assume the responsibility itself, where there is no suitable relative, rather than picking some fellow at random and attempting to force him to assume the responsibility. This whole issue exists because the government is too cheap to care for these children itself, and wants to shove the cost off onto someone elses shoulders.

[LiberalFighter]

25. And why should the state decide that a child should have the

monetary advantage of a man because they make more?

[customerserviceguy]

21. Current paternity laws

date from before modern science. If legislatures don't change laws to reflect biological reality instead of what "oughtta" happen, the courts are going to do it for them someday.

[LiberalFighter]

26. Courts don't generally want to bother with something like this even

though they know it is wrong or most likely they are ignorant.