Posted on 12/09/2002 7:27:06 AM PST by BuddhaBoy
Part One:
Paternity fraud occurs when a mother lies about who the biological father of a child really is. It can occur between non-married individuals or within a marriage.
Unfortunately, most men discover the lie after a relationship has ended. Many have no idea how to react, complicated by intense emotions described as “feelings worse than a death”. Denial, pain, mourning, and anger phases often paralyze them with indecision while having to make timely legal moves.
Most lawyers discourage action, or are unfamiliar with this area of law so then disbelief sets in, followed by utter frustration. The man who did not create the child most often bears both emotional scars and the financial consequences. The child must deal into adulthood with serious psychological consequences from the unbelievable fact that their mother, who they should have been able to trust completely, lied to them and their (non-biological) “father”.
Meanwhile, the “deadbeat bio-dads” are left to go about their lives without responsibility and in total ignorance of the havoc they helped create.
DNA testing causing biological fathers to admit paternity has increased from 512,000 in 1992, to 1.5 million in 1999. (U.S. department of Health and Human Services). This is a definite benefit with DNA testing. Unfortunately, the courts and legislation of most states allow and support paternity fraud by refusing to exonerate “fathers” whose only crime was to trust their wife or significant other.
The court system seems to saying to all of us, “Its OK to lie about who the father of a child really is, as long as someone is paying, there will be no accountability”. Currently, a woman can submit DNA evidence in court to prove paternity, but a man cannot use DNA evidence to prove he is not the father in most states. Criminals can even use DNA evidence to clear their record.
Equal civil rights and due process, under State Laws and the 14th Amendment to the U.S. Constitution, should apply to paternity fraud as in all other cases of civil fraud.
Opponents of DNA testing often say that it is not in the “best interest of the child” to DNA test especially after a relationship is formed with a man. Still others say, “the man was just a sperm donor, it is the relationship that makes a “father” a father. A “good” man would just say nothing and raise the child. Ignore it, live the lie, and go on?
Parent a child with a mother he obviously cannot trust in a country where abuse charges are rampant? And where is the “good” biological father in all this? Society has long acknowledged the connection between biological parents and their children.
Courts have even returned children to their birth parents after years of living with the wrong parents. In 1972, the U.S. Supreme Court acknowledged the right of biological parents to raise their children in Stanley v. Illinois. It is only right that both biological parents should be raising their child unless it is a situation of mutual consent or adoption.
Georgia just became the most recent state on May 9, 2002, to sign a Paternity Fraud Relief Bill {HB369} into law. The votes were 163-0 in the House and 45-5 in the Senate. Ohio’s Governor signed HB 242 into law on July 27, 2000. These bills passed across political, gender, racial, and religious lines.
Rep. Peter Lawson who sponsored the bill in Ohio said, “Ohio no longer rewards mothers who lie about who the father of their child is.” The legal landscape will be changing soon with the introduction of bills in Florida, California, Oklahoma, New Jersey, Oregon, and Vermont. Michigan Paternity Fraud Bills HB4635 and HB4636 were sent to the Senate in July 2001 with a unanimous (102-0) vote. These important bills now deserve to be heard and discussed by the Michigan Senate.
Part Two: The Human and Medical Implications
“Children are afraid of the dark. Adults are afraid of the light.”
Ms. Betsy Keefer and Ms. Jayne Schooler have over 60 years of combined experience in child welfare issues. In their recent book, Telling the Truth to…Children, they convincingly report the devastation to people who have been deliberately lied to as children. “While secrets can almost always be lethal, open communication rarely is.” They also say, “Every person has a right to know their own medical history.”
Dianne Seltzer, a cancer survivor, in a recent interview with Lifetime said, “They (immediately) mapped out our entire family background.” She and her oncologist believe it was her accurate family medical history that saved her life. The Mayo Clinic reported in Family Cancer Syndromes (9/02), “Talking with your family about cancer may be the one way to learn more about your own risks.”
How can children who have been lied to about who their biological father know their true medical history and thus be fully armed in their lifetime fight against diseases? Imagine the horror of a recent case in California where a young child suffering from leukemia died an excruciating death after a transplant rejection from a stranger’s bone marrow. The child had eight siblings, none of whom shared her HLA type. Why? Because she was conceived by another man. No one representing the real biological family was ever tested. Her best chance was nullified because her mother did not have to share the child’s genetic history with the hospital or the courts. No one asked the mother and she did not tell. She knew she could lose her child support.
Most Judges do not take the time to understand the depths of this human struggle for truth and justice. Nor with their training, do they fully understand the severe medical or psychological implications of their decisions for the children involved. Sadly, the actual voices of the “father” and innocent child, the victims of this fraud, are rarely given the chance to be heard in our courtrooms. It is relegated to legalities, court rules, and lots of money for the attorneys. Costs for these cases range between $25,000-$250,000 (and up) for the defrauded men with little chance to win. Ironically, it is the same men who have been lied to that are often humiliated with lectures on what it means to be a father while ordered to continue the support. Maybe it is time that the fraudulent mothers get the lectures and are asked to do what is right. Admit the truth and name the biological father.
To appreciate the human side of this matter, consider the following heartfelt testimony that Mrs. Kelly Nudelman gave to help pass paternity fraud legislation in Georgia. She is a mother and the wife of a husband caught in the web of paternity fraud from a former spouse.
“For those of you that are parents, take a moment to think about the joy you felt when you welcomed your child into this world. The feelings are indescribable. And that is just the beginning. The love grows many fold throughout the years. Now think about how you would feel if you found out that child was not really yours. You were tricked. You were used. You had no part in bringing that child into this world. It makes you sick. Now you are a paycheck. I’ve watched my husband feel this pain. I’ve watched it tear his heart out. Never, again can my husband look at this child the same way. Never again will his relationship be the same with that child. And never again will our family have a normal life.”
It is time we wake up to the real problem. Fraud is fraud. Lying "deadbeat moms" and "deadbeat bio-dads" should be held responsible. Governor Engler recently began a voluntary DNA testing program for babies born in Michigan. Mandatory DNA testing at all births would prevent this problem from ever occurring. (Privacy issues? Anyone who takes a bodily sample from you in a lab or hospital can already have your DNA information, if they want it.)
How can we truly celebrate Mother's Day and Father's Day in a country that allows this kind of blatant injustice, destruction of families, and dishonesty? It will not end unless we act by writing and calling on our legislators to support paternity fraud legislation like MI HB 4635/4636. Some of us are being personally tasked with the fight for truth and have refused to tolerate lying to the children. The rest of us need to stop the silence on this epidemic and preventable human tragedy.
We need to take action by contacting our legislators immediately.
Clearly, there can be no fraud because it was the evil male who used deception to get in the innocent and naive female's knickers in the first place.
Secondly, DNA evidence is to be used only in opposition to the death penalty to prove the innocence of blacks on death row. Any other use is dicey.
Next, we simply can't be in the business of questioning "single moms" (God bless 'em) in their difficult times about the paternity of any of their children. What they say must be fact because they are, well, single moms.
Finally, this is exactly why the evil Republicans should not have been allowed to appoint judges will allow the use of DNA evidence to disprove paternity. Dems know that it is OK to go back 20 years to use DNA to prove that an imprisoned black man didn't comit a crime and release him from prison but it is not OK to use the same kind of evidence to prove that an error was made in ascribing paternity to a given male.
I think that if a man doesnt want to be financially responsible, that he should just move on, and not compound the fraud by remaining in touch with the children, who should be allowed to meet their REAL father.
I think that the mother and the liological father should bare all of the financial responsibilities in these fraud cases. That should be the price that people who commit this kind of fraud should pay. The man who was wronged should still be allowed full rights to be a parent to the children in these cases. One of the chief tennants of the cival courts is to try and make someone whole who was wronged in a civil action. The price that the perpetrators of fraud have to face must be severe enough to discourage this from happening. If the mother cannot afford to raise the child without child support, then the man who raised the child as his own should be given custody, since most fathers in these circumstances will not want to turn their backs on a child he raised as his own for the entire childs life.
You as a judge, are someone that I would expect to uphold the Constitution and the Bill of Rights; which state that we are all created EQUAL.
That means that regardless of circumstances, the LAW is the final arbitrator, independent of sentiment.
You ask "Should the child be punished?", but I ask you should the MAN be punished? It appears that you are suggesting the the man is somehow LESS equal under the law then the child. That is emotional and reactionary, rather than reasoned thinking. I dont mean to attack you personally, please dont take it that way, but in a Free Society, we cannot start endorsing the law favoring one party over another, or we turn the Constitution on its head.
The constitution also respects the right to pursue happiness, as defined by the person seeking such, it is not for us to say or judge the relative merits of that search except if it should impinge on the rights of another.
We have not legally established a childs right to support by anyone NOT their parent, so a strict interpretation of the law, would suggest that all efforts be made to put this child in finacial contact with their biological parent, and allow the victim of a CRIME to be allowed to choose their financial future one way or the other.
Tell me why that is wrong?
Bills could end child support payments from men who aren't biological dads
Source:MLIVE.com; Author:The Associated Press
Violence prompts closer look at plight of divorced fathers
Source: The Star-Ledger: Published: November 25, 2002; Author:| DAVID CRARYA ‘Scarlet Letter’ Law Fla. Adoption Statute Pits Fathers’ Rights Against Women’s Privacy
Source: ABC’s 20/20; Published: September 20, 2002; Author: John StosselCa NOW to Sue Fathers Orgs. Under RICO
Source: FOX News; Published:October 29, 2002; Author: Wendy McElroyCalifornia Governor Davis Preserves, Protects Paternity Fraud
Source: CNSNews.com; Published: October 04, 2002; Author: Glenn Sacks and Dianna ThompsonNo Restraint On Restraining Orders
Source: CNSNews..com; Published: September 23, 2002; Author: Stephen BaskervilleThe Child Support Agenda
Source: Men's News Daily; Published: July 17, 2002; Author: Roger F. GayFathers Bear the Brunt of Gender Bias in Family Courts
Source: INSIGHT magazine; Published: July 29, 2002; Author: Dianna Thompson and Glenn Sacks'The Children Of Children' A Rockin' Window On Divorce
Source: Toogood Reports; Published: July 29, 2002; Author: Gerald L. Rowles, Ph.D.Divorced Dads: Shattering the Myths
Source: Men's News Daily; Published: July 22, 2002; Author: Roger F. GayWhy There Are So Many Women in the Fathers' Movement
Source: CNSNews.com; Published: June 21, 2002; Author: Glenn Sacks and Dianna ThompsonHow to end the war against divorced dads
Source:National Post; Published: March 28, 2000; Author: Donna Laframboise
Is this officially sanctioned "two wrongs make a right"?
' Seems to me that the noble feeling expressed is a profoundly personal one.
Forcing it on innocent others, however, is to make a slave of them.
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