The more I read, the more that I saw this post avoided.
A great point and totally disregarded.
Stay safe; stay armed.
Posted on 11/29/2002 7:08:00 AM PST by Balto_Boy
On Friday, Nebraska's highest court ruled that a man whose ex-wife may have lied to him about being the father of their child cannot sue the woman for fraud and emotional distress. Why not?
IN ANY other realm of the law this would be a classic case of fraud. Robert Day had already been divorced from his wife for six years when he realized he was out of town when she conceived. A DNA test proved with 100 percent certainty that Adam wasn't his. Well Robert Day alleged that mom lied about her due date to fool him.
He had paid child support, medical expenses and even half of his wife's employment-related daycare costs after their divorce. She's since remarried. The court cited a number of psychological studies about the importance of parents bonding with children and held "In effect Robert is saying he's not my son. I want my money back" and that the lawsuit "Has the effect of saying I wish you'd never been born to a child."
No, it says "You lied to me, I want my money back," and the lawsuit has the effect of saying "I wish you hadn't lied and now hope you'll go after the real father for the money you snookered me from me." Look, these cases are difficult and different. If the result would be that the child would suddenly go hungry or lose his home, those special circumstances should matter, but that should be the exception.
The court's opinion focuses solely on public policy. How is it good public policy to encourage a philandering woman to lie? Why shouldn't she at least have to seek out the real father to make him pay?
Not to sex, but to marriage? I think it may be you who are naive. Not that I would like to change it, but men are becoming increasingly leary of marriage ever since the advent of womens lib.
When I got divorced I was hit by about every Lawyerly tactic that the leagal eagals could divise. Against my lawers advice I counter sued for Adultery, it is illeagal in Mass but only if you are prepared to go to trial, which I was, I like a good fight. Any FReeper who knows me sees a quit kinda guy, wrong.
If Family court Judges enforced the Law, which most don't, lazy politcal hacks, there would be a lot less of this BS. I have since moved to NH where Adultery is actionable and recoverable.
The more I read, the more that I saw this post avoided.
A great point and totally disregarded.
Stay safe; stay armed.
You would have a point if the father had custody of the child, but as it stands your analogy is pretty stupid. You can't return anything that you don't have.
Don't bother tallhappy with facts. He is too busy screaming "It's for the children!" to hear.
Demand all you want. It won't do any good. The courts will give custody to the woman unless she is certifibly insane.
Read my post above-you are perfectly right.
Responsibility without authority is the root of this problem, as it is of many others.
Well, it used to be stupidity was the most abundant thing in the universe...
Now PC is running a close second.
It is remarkable that some Einsteins seem unaware that the old laws were preserved only because until recently there was no foolproof way to establish paternity.
Injustice? We don't need no stinkin' justice!
It's for the chilrun!.... talk about mindless...
Were you aware that putting words in other people's mouths and then smuggly attacking them is a sign of a tiny mind?
Focus on what he/she says, not on your neurotic paraphrasing.
The adults on this thread do...
Spoken like a true "Progressive"
Here, silly me and millions of other adults thought it was establishing a rule of "Laws".
Please note that inalienable rights are not subject to the whim of "agenda".
Sorry.
My wife of close to 18 years has the occasional drink.
Should I divorce the slut??
Stay safe; stay armed.
D'OH!
Properly filed under "sophistry".
Most Jr High school students can see the distinction between the social contract and a social agenda.
Let me see if I can collect enough small words to explain it to you...
What about those of us who realize that being a father and husband is not an artificial creation of a state and its legal rules but an essential part of who God made us to be?
What an excellent post! Unfortunately, there are far too few like yours on this forum.
Many times men are named by the mother and the designated father has no knowledge of the birth certificate at all.
When the Fradulent Mother shows up with her court order for child support, the man can take his proof into court with him.
Many women trying to trap a guy for money dont tell him about the pregnancy until the baby has already arrived.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.