Posted on 06/21/2006 6:55:07 AM PDT by ShadowDancer
Court: Father Can't Raise Child Despite Mother's Deception
Woman Lied, Saying Baby Died
POSTED: 7:06 am EDT June 21, 2006
RALEIGH, N.C. -- A biological father should lose his parental rights because he did not establish himself as a caregiver, even though the mother deceived the man by claiming she had a miscarriage, the state Court of Appeals ruled Tuesday.
Pernell Ingram argued that he had provided sufficient care to the mother to qualify as the legal father of a child born out of wedlock. The Newton Grove man said he had provided "consistent care" by frequently caring for the mother's other two children while she was pregnant and joining his former girlfriend at prenatal medical appointments. While he did not provide financial support, Ingram pursued a new job and bought a larger car to prepare for a child.
Ingram also testified that he and the mother planned to marry and even discussed names for their prospective child. But after deciding against marriage, the two separated, although Ingram kept contact and insisted he would like to care for the baby.
Later, the mother informed Ingram that the child had died. Suspicious, Ingram sought confirmation, but was unable to find official word until an adoption agency served him with a petition to end his parental rights.
But while the judges were "sympathetic" to Ingram, Chief Judge John Martin wrote that there were no findings of fact that would indicate the father had "assumed some of the burdens of parenthood." Judge Eric Levinson agreed.
The judges ruled that under state law Ingram had to gain paternal rights by either marrying the mother, providing substantial financial support or consistent care to the mother and child, or immediately filing a petition to the courts or to the Department of Health and Human Services.
Judge Barbara Jackson wrote a dissenting opinion, reasoning that Ingram could not have pursued his status as a father with the woman's lies.
"To argue, as the majority does, that (Ingram) should have filed an affidavit to legitimate an illusory child seems beyond the bounds of what we reasonably may expect of any man," Jackson wrote. "It is undisputed that (Ingram) made drastic changes in his life upon learning of the pregnancy."
The appeals court ruling reverses the 2004 decision of Wake County District Court Judge Michael Morgan, which sided with Ingram.
Attorneys from both sides did not return phone calls seeking comment Tuesday.
No, but the mother is a lying slut.
Yes, that's true. Perhaps she nixed the idea? The article isn't clear on why they didn't get married.
I agree.
That's well said.
Good; that means it goes to the Supreme Court automatically.
The opinion is here.
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