Duped Dad's Right To Sue Is Upheld

[genivieve]

And who, dear, do you propose PAY for this testing???????

Awww come on, its not that bad of an idea. Remember what century this is, monogamy does not exist anymore its all a fallacy. What a man should be asking a woman when she pops the good ol' "I'm pregnant" deal is....... Well if you backed up into chain saw, how can you actually pinpoint which one stuck you first

 

[nextwife]

My hubby never had to worry about being duped about parentage when we became parents together. He ALWAYS knew he wan't the biodad.

 

[Crazed98]

why the mother shouldn't be equally responsible for COMMITING A CRIME??

What did the mother gain? Absolutely nothing.

What would punishing her do? Absolutely nothing.

 

[nextwife]

She gained whatever benefit having the man she preferred to be dad provided her. Could it be keeping her marriage intact was something to gain on her end?. Could be she got to be a SAHP instead of having to work (which may have happened if he had divorced her for cheating). Could be she got to stay married to a man who got a bigger inheritance that she benfited from. Could be she didn't have to deal with custody, CS and visitation because she committed fraud. Maybe she got to have a household with more income.

BS she gained "nothing" by lying. If there was nothing to lose, or nothing to gain, she would not have needed to lie.

 

[Crazed98]

She gained whatever benefit having the man she preferred to be dad provided her. Could it be keeping her marriage intact was something to gain on her end?. Could be she got to be a SAHP instead of having to work (which may have happened if he had divorced her for cheating). Could be she got to stay married to a man who got a bigger inheritance that she benfited from. Could be she didn't have to deal with custody, CS and visitation because she committed fraud. Maybe she got to have a household with more income.

BS she gained "nothing" by lying. If there was nothing to lose, or nothing to gain, she would not have needed to lie.

All those "could bes" are guesses the fact is her fraud gave the ex a son who he raised and loved and continues to love. Her being punished would not make the situation better than it already is.

 

[rmet4nzkx]

MAYBE hospitals should start doing paternity test on all (born from married couples and those born out of wedlock) babies that are born; doing so, would definitely eliminate any future problems of this nature!

Doing this would solve 2 problems at the same time; this one AND one in which the CP (usually the mom) denies knowing who the father is and therefore lives on State Aid when they could actually be collecting Child Support $$$ from the NCP. There are way too many NCP's that get away with not helping providing financial support for their child(ren).

There are problems with this idea. Estimates are that approximately as many as 50 % of births involve paternity issues. This would involve needless testing and expense in 50 % or more of families with no possibility and in couples who for what ever reason want to keep their life private.

Interesting, they have found out that not all DNA testing is accurate because of a genetic condition called mosaic so even a mother may have a different DNA than her child.
http://users.rcn.com/jkimball.ma.ultranet/BiologyPages/M/Mosaics.html

This case involves several legal theories other than the one in the parentage act, such as date of discovery and fraud etc, thus why the suit is allowed.

 

[nextwife]

All those "could bes" are guesses the fact is her fraud gave the ex a son who he raised and loved and continues to love. Her being punished would not make the situation better than it already is.

Then there was no need to lie. If there was a CONSEQUENCE for paternity fraud, fewer men would be duped. We should NOT sanction farud simply because we used the gains to benefit a child. Maybe another Child was NEGATIVELY impacted by a woman's paternity faud? Many children in other families are impacted when money goes out for CS. What about THOSE kids?

My husband also has a daughter that he has raised and loved with the FULL KNOWLEDGE that neither he nor I are biologically related to this child. A parent should have the RIGHT to opt into an adoption, and not have a "de facto" adoption imposed upon them by faud.

 

[rmet4nzkx]

When this child was born 1969, they didn't do DNA tests, they did blood tests so if the child and any of the parents were "O+" the most common type or she matched her mother's blood type, or the legal father's blood type, it is possible that neither of the bio parents knew for sure she was not the child of the legal father even though subsequent DNA testing may have confirmed paternity. There may be less a fraud issue than if it were to have happened in the years since DNA testing. I'm not saying it is right, only that there may be some mitigating factors. Also, the actual cost of raising the child might be figured several ways since she was one of three children.

 

[Crazed98]

Then there was no need to lie. If there was a CONSEQUENCE for paternity fraud, fewer men would be duped. We should NOT sanction farud simply because we used the gains to benefit a child. Maybe another Child was NEGATIVELY impacted by a woman's paternity faud? Many children in other families are impacted when money goes out for CS. What about THOSE kids?

You are talking about maybes and possibilities and other kids.

In this case the ex husband paid child support for a child that was not his so he got his money back. That is it.