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Paternity Fraud: Should it become illegal, for deceived dads' $ake? (my title)
The Washington Post ^ | October 14th, 2002 | Robert E. Pierre

Posted on 10/14/2002 9:45:29 AM PDT by End The Hypocrisy

In most states, children born during a marriage are the legal responsibility of the husband. And even for single men, once paternity is acknowledged or established through the courts, it is next to impossible to change. Prosecutors and many children's advocates contend that is the way it ought to be to keep from unduly traumatizing innocent children by snatching away their emotional and financial support. But now a push is underway to cancel mandated child support payments -- and arrearages -- for men who can prove through DNA testing that they are supporting children who are not their flesh and blood. In some cases, the laws would provide criminal penalties for women who willingly lie about the father of their children.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; Culture/Society; Front Page News; News/Current Events; US: California; US: Michigan; US: New Jersey
KEYWORDS: dnatesting; domesticrelations; georgia; marriage; paternity; paternityfraud
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The American Association of Blood Banks found in 1999 that nearly 30 percent of 280,000 paternity cases evaluated excluded the alleged father as the biological parent. Wouldn't passing this sort of law discourage promiscuity, and encourage parents to keep better track over who is really fathering potential burdens on society (and the welfare program)?
1 posted on 10/14/2002 9:45:29 AM PDT by End The Hypocrisy
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To: End The Hypocrisy
Here's a website that one deceived dad fairly recently launched:

http://www.paternityfraud.com
2 posted on 10/14/2002 9:46:55 AM PDT by End The Hypocrisy
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To: End The Hypocrisy
Proving once again that the law is not about justice, just divvying up the spoils.
3 posted on 10/14/2002 9:49:40 AM PDT by E. Pluribus Unum
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To: E. Pluribus Unum
That could soon change...
4 posted on 10/14/2002 9:51:48 AM PDT by End The Hypocrisy
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To: End The Hypocrisy
Consider this. The mother in question could probably also go after the real father for child support. To my knowledge, there is no law dictating that one child can't be supported by more than one "parent".
5 posted on 10/14/2002 9:53:16 AM PDT by sharktrager
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To: sharktrager
The court cases would be in conflict. One cannot claim a child has two fathers. It's going to be an either/or.
6 posted on 10/14/2002 9:54:56 AM PDT by Catspaw
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To: sharktrager
It doesn't seem particularly fair to men, does it? Knowledge-wise, aren't they at a disadvantage as far as who the father is?
7 posted on 10/14/2002 9:55:14 AM PDT by End The Hypocrisy
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To: End The Hypocrisy
One of the things that causes resistance to changing the law is that women who apply for welfare are required to name the father so the government can go after him for reimbursement.

I have a client who owes the government over $30K for a child that eventually turned out not to be his. We were able to get the support payments stopped but the state is taking the position that he still owes the arrearages.

Fortunately, in his case, I have a defense (it was an administrative order, not a court order) but court orders can't be set aside at the present time.

I agree, it stinks. I am female, and a proud feminist, but this is theft and fraud, pure and simple.
8 posted on 10/14/2002 9:55:47 AM PDT by CobaltBlue
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To: End The Hypocrisy
It seems to me that before any court passes down any decision on cases involving the custody of children, they should require a DNA test.

Same for adoption.

Personally, I wouldn't mind if it became a standard practice done at birth. I just don't really want it mandated.

9 posted on 10/14/2002 9:56:43 AM PDT by Freeper 007
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To: sharktrager
Paternity tests don't cost that much.

The problem comes when the couple were in an apparently loving relationship.

If husbands require wives to have paternity tests for all children, it will have a very harmful effect on the good relationships, IMO.
10 posted on 10/14/2002 9:59:57 AM PDT by CobaltBlue
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To: CobaltBlue
I gather from PaternityFraud.com that the U.S. Supreme Court recently denied the plaintiff certiorari, apparently because there's not a split among jurisdictions YET.
11 posted on 10/14/2002 10:00:42 AM PDT by End The Hypocrisy
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To: Freeper 007
Paternity tests cost around $400. If someone doesn't want to spend the money, why should they?

If you want a test, the court will order it, and if the man is not the father, make the mother pay for it, otherwise, the father pays for it.
12 posted on 10/14/2002 10:01:30 AM PDT by CobaltBlue
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To: Freeper 007
>>>Personally, I wouldn't mind if it became a standard practice done at birth. I just don't really want it mandated.<<<


Deceptive mamas might stop at nothing to discourage that which isn't legally mandated, though. By making such paternity testing required, it takes a load off of the potentially deceived father's back, and also sends the message to deceptive mamas NOT to expect to be able to get away with it. Wouldn't you agree?
13 posted on 10/14/2002 10:02:40 AM PDT by End The Hypocrisy
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To: End The Hypocrisy
The place to go isn't the courts, it's the legislatures. Most legislators are male, they should sympathize.

It's a stupid rule, especially now that paternity testing is so simple.
14 posted on 10/14/2002 10:03:03 AM PDT by CobaltBlue
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To: CobaltBlue
>>>The place to go isn't the courts, it's the legislatures. Most legislators are male, they should sympathize.<<<


Yeah but most voters are female, and women can be very vocal and sympathetic in the media too, as can children which such women won't feed just to try and make them seem more sympathetic.
15 posted on 10/14/2002 10:05:17 AM PDT by End The Hypocrisy
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To: End The Hypocrisy
I'm all for it. It would certainly put an end to the practice of finding the possible "Daddy" with the deepest pockets. If it were automatically done at birth along with the other tests given to newborns no honest woman should get her little feelings hurt. As far as the damage this can do to a loving relationship, just what exactly is so loving about deceiving the one person that you are supposed to forsake all others for?
16 posted on 10/14/2002 10:09:43 AM PDT by WolfRunnerWoman
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To: RogerFGay
fyi
17 posted on 10/14/2002 10:10:03 AM PDT by Free the USA
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To: CobaltBlue
I have personally witnessed judges who refuse to force a paternity test regardless of who is paying for it. And after the test was conducted, refused to accept the findings.

This happens in cases where the child is a product of the marriage. Paternity test wise, a single father has a better chance of having the test conducted then a man who's wife has cheated on him.
18 posted on 10/14/2002 10:10:58 AM PDT by Brytani
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To: WolfRunnerWoman
That's right! It helps "keep folks honest" when such a test is mandatory. And the sheer volume of tests performed would hopefully lower costs, through an economy of scale.
19 posted on 10/14/2002 10:15:11 AM PDT by End The Hypocrisy
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To: End The Hypocrisy
In some cases, the laws would provide criminal penalties for women who willingly lie about the father of their children.

We used to have these laws. They were called "divorce by reason of infidelity". The unfaithful wife and little bastard were ditched without financial support or social status. But then the liberals mounted their massive attack on Western Civilisation with "no fault" divorce laws.

Everyone should carefully consider how serious this is: Destruction of the family through liberal divorce laws; child sacrifice on the alter of abortion; and unrelenting attacks on Judeo-Christian ethics. Family, Sanctity of Life, Morality: These foundation stones of our society are cracking under the liberals' beating.

If they succeed, all that will be left is a monstrous "state" that owns everything and controls everyone.

20 posted on 10/14/2002 10:15:51 AM PDT by DakotaGator
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