"Who is the Daddy" can have severe implications

[question everything]

OK, let's forget about Anna Nicole Smith. Let's just think about a woman giving birth and does provide a name of the father.

Now the courts are going to take samples from this baby because five others - more or less - men want a paternity test.

In most cases a paternity test is being done when men wants to prove that they did not father that child and should not be responsible for, say, child support payments.

And, I suppose, there are some cases where men want to prove that they are the fathers, to get back at an ex, for example.

The baby is not even subjected to American laws, I've heard, being born in the Bahamas and still lives there.

Yes, of course, most of them want to control this baby's trust funds, at least, until she is old enough to realize how she was used by all sides.

I am afraid that we may be starting a dangerous precedent where the courts, and men, can force a paternity test on a baby whose birth certificate does list a father.

And the next step we won't even have a dead mother as an excuse to go to court to fight over her body.

[Syrinx]

1. Are you forgetting another possibility?

I'm not speaking about the Smith case, but in general. Maybe a man would want to show that he's the father because he cares about his child.

[question everything]

2. In theory, yes. But how often would this happen

especially when the child does have a father - on paper and at home?

Wouldn't the outcome disrupt the life of the child and the family?

[Syrinx]

3. I honestly don't know

I just wanted to point out that most people have good intentions. At least I think they do.

[pnwmom]

6. One of these men has been pushing for his paternity since

Anna Nicole was pregnant. I think there's a good chance he is sincere, since there wouldn't have been a money issue at that point.

Yes, the outcome may be disruptive, but sooner or later the truth would probably become known, with the technology we have now. For example, a child could find out that he has a blood type that couldn't have come from either parent. Or a health issue might lead to discovering that a father isn't the biological parent.

I tend to think that the sooner biological paternity is established, the better.

[Warpy]

9. The one person I'd hate to see this poor baby end up with

is her grandmother. A life with a nanny followed by boarding school would be infinitely preferable, considering the relationship grandma had with her daughter.

Any court that establishes paternity will likely also establish a trust so that "daddy" won't be able to squander the baby's fortune.

[pnwmom]

12. This is why everyone should have updated wills. What a mess.

[silverlib]

4. My son-in-law did this 14 years ago

before he married my daughter. The woman was married, but did not tell him. When she became pregnant, she told her husband it was his, but told others that my now son-in-law was the father. I can't tell you what he had to go through in the State of Texas to finally prove paternity and have the right to pay child support. After seven years, he and my daughter gained custody.

So, it really does happen that a father wants a part in his child's life.

Edited to add - keep the faith- it is justified.

[Syrinx]

7. thanks for that!

I hope the best for your grandchild!

[foxfroggy]

15. Another Texas Tale

A good friend of mine had his girlfriend who got pregnant to try to force a marriage punish him by cutting him off from the child. A mutual friend told him when the baby was born and he learned she had left the father's name blank and banned him from seeing the baby in the hospital.

He actually went to court to prove his paternity and ask to be named the father and pay support. The entire Texas family court system treated him like he was deranged to want to be part of his child's life. He did win shared custody but what a long and trying ordeal for all concerned! Fortunately the child was too young to see the adult idiocy in action.

So, yes, it happens. In the Smith case, the putative fathers don't seem to be terrific father material, but we can always hope. I find myself hoping it was old Mr. Marshall. Whatever people want to think, I saw that odd couple several times during and before their marriage, and whatever motives each might also have harbored, they appeared doting and quite happy. Maybe he was a bit of a "dirty old man" and she was a bit of a golddigger, but if they made each other happy, more power to them.

[Morgana LaFey]

13. Yeah, that's SO often the case

:sarcasm:

[SemperEadem]

14. I wonder how many of them would stick to this

if the judge put the baby's money in an airtight trust til she's 25 and it could not be accessed at any time during her minority by anyone for any reason? I think that they are all money hunger bastards who want to pimp that baby's pedigree.

IF Stern was Smith's legal husband at the time she died, did he adopt the baby before Smith died? I'm not following this because to me, it's a diversion to the larger issues going on regarding the bush misadministration.

I don't think years of legal precidence should be overthrown so some money grubbing ne'er do well can pimp that child's interests.

[Coyote_Bandit]

5. Very unlikely

that the father will end up with control of the money. A professional trustee will likely be appointed to manage the funds under the superivsion of the court and will be required to a provide an annual accounting to the court. Not saying that a custodial father would not benefit financially - just pointing out that it is very unlikely he will be given control of any of the money involved. There are questions regarding testamentary intent directing disposition of the estate. Although at least a share of the estate is likely to be passed to the child (the law may require that at least a share of the estate go to the child) and it cannot be assumed that the estate will pass outright to the child. Never mind the fact that the real father may genuinely care about his child. There are two legal issues involved in determining the custody question - the parental rights of the father (including his suitability to take custody and raise the child), and the best interests of the child.

As for the disposiiton of ANS's body, it is considered property. It is part of her estate. The court will look first to any will or other estate planning documents in determining its disposition. Absent guidance in those documents it will be released to her legal heirs. The primary issue here will be testamentary intent (including validity of any documnets attesting to that) regarding both the disposition of the body and identification of the party responsible for carrying out that testamentary intent. Intestate succession only becomes relevant if there was no valid expression of testamentary intent. It is reported that there was a will so the next question is whether that will was valid and will be recognized in the appropriate jurisdictions. Her body is in Florida and she was an American citizen so it is reasonable to expect that there will not be conflict of laws issues (internaional laws) with respect to any will and with respect to the disposition of the body. That is not true with respect to paternity and child custody determination.

[pnwmom]

8. Should a mother be able to put any name she wants

on the birth certificate, without regard to who actually fathered the child? I think any man or woman who wants a paternity test should be able to get one ordered.

In Anna Nicole's case, she wasn't legally married to Mr. Stern, so there isn't a question of disturbing a family created by a marriage.

[Donald Ian Rankin]

10. Of course not, no more than child support charges should be scrapped.

The assumption that would have to underly that - that fathers have no inherent interest in a child - would also imply that fathers had no duty to pay child support.

[pnwmom]

11. Yes. I don't understand how there can even be a question.

If paternity is disputed, do the test. Everyone is better off knowing in the long run.

[Katherine Brengle]

17. In order for a father to be listed on the certificate, he has to claim

paternity. A woman cannot just write down a name.

[Katherine Brengle]

16. In order for the birth cert to list a father, he has to sign it, right?

IIRC, my husband had to sign our daughter's cert just as I did.

Signing the birth certificate, at least here, is considered an acceptance of paternity and is generally very hard to challenge.

But she was a whore, right, so it is okay. :eyes: