Posted on 12/09/2002 7:27:06 AM PST by BuddhaBoy
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 Womens Privacy
Source: ABCs 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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