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Another Paternity Fraud case.(30% of Paternity tests prove children fathered by other men.)
Philadelphia Inquirer ^ | 12/23/2002 | By Kathy Boccella

Posted on 12/26/2002 8:34:04 AM PST by BuddhaBoy

Patrick McCarthy was floored to learn after his divorce that his 14-year-old daughter had been fathered by another man. He was even more stunned to find out that he would still have to pay $280 a month in child support.

"You have to be a stone not to react emotionally to something like that," said McCarthy, 41, a delivery service driver from Hillsborough, N.J. "The thing I found more disturbing was the way they treat you in court."

In New Jersey, as in most other states, children born during a marriage are the legal responsibility of the husband - even if he isn't the biological father.

Now some of these "duped dads," as they call themselves, are waging state-by-state battles to institute "paternity fraud" laws. Fueled by anger and raw emotion, they are forming grassroots groups and pressing for the right to use DNA evidence in court to be free of making support payments for children they didn't father.

New Jersey Citizens Against Paternity Fraud, which McCarthy founded, recently paid $50,000 for nine billboards along highways (and other ads) that show a pregnant woman and read "Is It Yours? If Not, You Still Have to Pay!"

"Why does a man who is not the father have to bear the financial responsibility for fraud?" asked New Jersey Assemblyman Neil Cohen (D., Union), who sponsored legislation allowing men to use DNA tests to disprove paternity and end financial support. The bill recently came out of committee and faces a vote from the Assembly.

But women's groups and child advocates are alarmed by a trend that they say could harm children.

"It's not as simple as, 'This isn't fair, I have to pay for somebody else's kid,' " said Valerie Ackerman, staff lawyer at the National Center for Youth Law in Oakland, Calif. "Families are much more than biology."

It is not known how many men would try to disprove paternity in court, even if they could. An American Association of Blood Bank survey in 2000 of 30,626 paternity tests showed that 30 percent of those taking the tests were not the real fathers.

What is clear is that the law is not on their side. Most states require nonbiological fathers to keep paying child support even if they were deceived by their spouses, based on the 500-year-old legal presumption that any child born during a marriage is the husband's.

For unmarried fathers, if the paternity is not challenged at birth, they generally do not get a second chance to raise the issue.

But more and more states are reshaping these laws. Men have won the right by legislation or case law to use genetic testing to disprove paternity in 12 states. Three more, including New Jersey, have pending legislation that let nonbiological fathers off the hook.

Since 1999, Pennsylvania lawmakers twice turned down similar legislation, introduced after a Reading man, Gerald Miscovich, sought relief from the $537 a month he was paying for a child who was not his. He lost the case and ended all contact with the then-4-year-old boy. Sen. Michael A. O'Pake (D., Reading) plans to reintroduce the bill next month.

Carnell Smith of Decatur, Ga., is one of two men who appealed to the U.S. Supreme Court after lower courts ruled against them. Smith is trying to recoup more than $40,000 from his ex-girlfriend after learning three years ago that her 13-year-old girl is not his. But the Supreme Court declined to hear his case, meaning he must continue to pay $750 a month in child support.

"It's not a gender war from my perspective. It's about truth," said Smith, who founded U.S. Citizens Against Paternity Fraud. His group - whose slogan is "If the genes don't fit, you must acquit" - lobbied for the law that Georgia Gov. Roy Barnes signed in May.

Others have not been swayed. In October, California Gov. Gray Davis vetoed a paternity fraud bill, saying the measure would only delay child support collection and let some biological fathers wriggle out of parental responsibility.

Child advocates agree. They worry that children will be traumatized by losing the emotional and financial support of the person they know as "Dad."

"I would think if there's a close parent-child relationship, then the matter of whose DNA the child is carrying wouldn't matter that much," said Laura Morgan, chairwoman of the American Bar Association's Child Support Committee. "It's too easily reducing parentage to dollars and DNA."

In many cases, a man suspects a child is not his and chooses to raise the child anyway, said Paula Roberts, a lawyer at the Center for Law and Social Policy in Washington. But after a divorce "he has a new wife and she's saying, 'Why are we paying for this kid?' Now he wants out," she said.

"What kind of damage have we done to the kids if the person they know as their father wants out?"

Some of the new statutes give fathers two years to contest paternity. Men say such deadlines are unfair because women can sue to establish paternity at any time in a child's life.

But Ackerman, with the youth law center, said "you give a person unlimited time to establish paternity, it leaves a child in limbo their entire lives."

Those pressing for the new laws say they do not anticipate wide-scale child abandonment. Cohen, a lawyer who has represented both men and women in these types of cases, said that "when [fathers] have a relationship with their son or daughter, they don't necessarily walk away from the child. They just don't want to have the financial responsibility."

But he has also seen men who were "so angry and upset over being lied to, they walk away," he said.

These non-dads, who network via e-mail and compare hard-luck stories, say the issue goes beyond monthly child support checks.

"To not allow DNA testing is not allowing the truth to come forward," said McCarthy, who would like to see every child's DNA tested at birth to prevent mix-ups. "My contention is every child has a right to know who their biological parents are."

Even though McCarthy's daughter looked nothing like him, he never suspected she was not his until his ex-wife blurted it out during an argument, he said. He used a home DNA kit and a cheek swab to confirm there was virtually no chance the girl was his.

With no legal standing, he continued supporting her and began lobbying for a change in the law. Though their relationship is strained, the girl, now 19, still calls him "Dad," said McCarthy, who lives with his second wife and their two children.

What really galls these men "is the fact that you have to pay support to an ex-wife who lied to you and deceived you," McCarthy said. (Like some other men in the movement, he declined to provide information about his ex-wife.)

One man who would greatly benefit from the new laws is Morgan Wise, of Big Spring, Texas. A train engineer, he was married for 13 years to a woman who had four children. The youngest had cystic fibrosis. After he divorced in 1996, he said, he took a test to see which cystic fibrosis gene he carried.

No such gene was found. DNA testing showed that three of the four children were not his.

"I cried. I got angry, not toward the children but toward my wife," he said.

His wife, Wanda Scroggins, said that he knew "there was a possibility" the children weren't his. She said they both had affairs during their marriage and he agreed to raise the children as his own.

They also agreed to keep the truth to themselves, but Wise told the children one day while they were at school. It cost him visitation rights for two years.

In another blow, a Texas court ruled that he still had to pay $1,100 a month in child support. In January, the U.S Supreme Court refused to hear his appeal.

Recently, Wise began spending time again with the children, but the relationship is rocky.

"If it's your kid, no matter who the biological father is, how does that matter?" Scroggins asked. "He was there when they were born, he changed their diapers, saw their first steps, kissed their boo-boos. How do you just stop that?"


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: dna; fraud; paternityfraud; theft
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To: BuddhaBoy
Why is it my mother's fault more? I blame both of them equally... My mother has at least apologized for what happened and my father never spoke to me after my mother finally had enough courage to leave his worthless butt.
141 posted on 12/26/2002 11:14:30 AM PST by marajade
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To: BuddhaBoy
I have many married friends too. Some of them have said they would try to beat me up, if I ever tried to follow in their footsteps

No doubt, more of your successful friends.

142 posted on 12/26/2002 11:14:42 AM PST by Between the Lines
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To: Post Toasties
My last was to marajade, btw. I don't think denying equitable options to men who have not the least relationship to one's father, regardless of how deplorable his characteristics may be, does anything but create vastly greater societal wounds.
143 posted on 12/26/2002 11:14:52 AM PST by Post Toasties
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To: End The Hypocrisy
Then that is all the more reason why duped dads should be allowed to walk upon learning they'd been deceived. It gives mothers the incentive to stay in contact with the REAL fathers, and not to perpetrate a fraud for years. If mothers give a rip about anyone but themselves, then this legal reform will give them a chance to prove it.

In other words, punish the child for the mother's behavior. You care more about the man than the child, which is not surprising since we live in an age of "me me me."

If this happened to me (and I am female so this is a hypothetical) I would continue to love the child as if she were my own out of human decency and love of the innocent person I raised up to that point. Anything less is cruel to the child who has been blind-sided. I realize most would reject that, as it takes showing compassion to the helpless.

144 posted on 12/26/2002 11:15:44 AM PST by JMJ333
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To: dorben
And I agree with that... it cuts both ways between being a faher and being a mother and the financial responsibility... But there's more to parentage than just money...
145 posted on 12/26/2002 11:16:10 AM PST by marajade
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To: marajade
Your mother apparently did the best thing in the end and I commend her for it, from what you describe. However, that does not relate to any of my other observations here.
146 posted on 12/26/2002 11:16:41 AM PST by Post Toasties
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To: marajade
My father was a jerk... if this had been law, my mother may have paid the price for it

I'm trying to understand you, but I must admit, I'm slightly confused.

Are you saying that your father should pay because he's a jerk and that you feel that there is a chance that he may not even be your biological father.
147 posted on 12/26/2002 11:17:37 AM PST by HEY4QDEMS
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To: JMJ333
No. The real father needs to assume the responsibility first, so the child is never left without support. But the mother has to be proactive to find him, if she cares a whit about her own children.

Fair's fair, and that's incomparably fairer that the dismal travesty the greedy feminist advocates want.

148 posted on 12/26/2002 11:18:55 AM PST by Post Toasties
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To: HEY4QDEMS
Read my earlier posts... there's more than just the money end of parenting...
149 posted on 12/26/2002 11:19:25 AM PST by marajade
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To: BuddhaBoy
Once she realized that she could have his house, his money, his credit, AND NOT HIM, she went for it, and now he lives with his parents, and her boyfriend lives in the house he bought for her as a wedding present. I literally had to physically restrain him from killing her one day.

I didn't realize you knew my ex-friend Kye. There can't be more than one of those.

150 posted on 12/26/2002 11:19:34 AM PST by nina0113
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To: End The Hypocrisy
That is just SHOCKING. Meanwhile, I guess the dumped husband nevertheless has to keep paying the mortgage payments on his ex's lovenest (which was formerly THEIR home).

You got it.

151 posted on 12/26/2002 11:20:20 AM PST by BuddhaBoy
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To: Post Toasties
"However, that does not relate to any of my other observations here."

Sure it does... my mother always had suspicions that my father wasn't faithful... maybe she's right... I already had a father who while in the home wasn't really there... if he'd been found to have fathered another kid and ordered to pay support to another family, it would have been the legitimate child that was conceived in a legitimate marriage that would have paid the price, monetarily and otherwise...
152 posted on 12/26/2002 11:22:39 AM PST by marajade
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To: marajade
Sorry, it really just doesn't because your mother's children are all her own, right?
153 posted on 12/26/2002 11:25:08 AM PST by Post Toasties
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To: Post Toasties
No. The real father needs to assume the responsibility first, so the child is never left without support. But the mother has to be proactive to find him, if she cares a whit about her own children.

Fair's fair, and that's incomparably fairer that the dismal travesty the greedy feminist advocates want.

Tell it to the child. I have no problem introducing the real father, as that is only right, but punishing the child to get back at the mother is wrong and immoral. Put yourself in the child's shoes and see how you'd feel. Then again, most don't give a damn about the kid...that's apparent.

154 posted on 12/26/2002 11:25:10 AM PST by JMJ333
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To: JMJ333
I wanted to note that we agree... I know its rare, so I just thought it important to note it...
155 posted on 12/26/2002 11:25:24 AM PST by marajade
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To: marajade
While I am not really comfortable commenting on your personal situation; my premise is as follows:

Sex is ALWAYS the woman's decision.

Men may hope for sex, but women decide. Everyone knows this is true. Men dont turn down a sexual opportunity, unless she is a true skank.

Now, because of this, I believe that it is up to WOMEN alone to assess the quality of the men they choose to sleep with, or risk disaster.

I am all in favor of women who are raped having abortions, but for women who choose to have sex with exciting losers, they reaped what they sow in my opinion.

156 posted on 12/26/2002 11:25:55 AM PST by BuddhaBoy
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To: marajade
It must be the season. Merry Christmas to you, mj. :o)
157 posted on 12/26/2002 11:26:51 AM PST by JMJ333
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To: marajade
You now postulate a 'what if', but so what? I'd be disappointed if you are trying to turn this into something personal by making such a stretch.
158 posted on 12/26/2002 11:27:39 AM PST by Post Toasties
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To: Post Toasties
Yes, they are... but if my father who was legally to my mother and our family had been court ordered to pay another woman for his philandering my mother would have suffered for it... Quite frankly, that alone would have been enough for me to call it quits but my father was a real jerk and it took my mother quite a few years to figure out that she'd be better off without him... and better off without him not just because he was employed...
159 posted on 12/26/2002 11:27:44 AM PST by marajade
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To: nina0113
It happens all the time.
160 posted on 12/26/2002 11:28:03 AM PST by BuddhaBoy
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