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Posted: 3/22/2002 8:42:37 AM EDT
[url] http://www5.law.com/lawcom/displayid.cfm?statename=NJ&docnum=114540&table=news&flag=full [/url] In Child-Support Cases, DNA and Paternity Don't Go Hand in Hand N.J. law still enforces payment even when fatherhood disproved In child-support cases, if a putative father proffers DNA evidence that conclusively disproves paternity, should he still be obligated to pay? The question is not as self-answering as it may seem. Current case law largely prevents men from obtaining court-ordered DNA tests. The courts presume as a matter of law that where a child is born to a married couple, or where a man acknowledges paternity at birth and acts as a father, paternity attaches. Even when a woman admits she knew the biological father was not her partner and lied to the presumed father, New Jersey's controlling cases have looked the other way and continued to demand child-support payments from the man.....
Link Posted: 3/22/2002 8:45:36 AM EDT
What do you expect? Its new jersey.
Link Posted: 3/22/2002 8:51:50 AM EDT
Doesn't this violate someone's "right to choose"? [%|]
Link Posted: 3/22/2002 9:01:54 AM EDT
Insanity. Just another reason to move the hell out of Jersey, California, etc...
Link Posted: 3/22/2002 9:55:48 AM EDT
While I do not agree with the ruling, I have the following comment to offer: If you've treated the child as your own, from birth: loved it as a father does; nurtured and cared and laughed and cried and all the other things that go along with being a "Dad": then you're the Dad--as far as the child is concerned. If you want to punish the skank that cuckolded you, then go ahead. Just don't take it out on the child. Did you stop loving him/her when you found out that you weren't the spermn donor? Any male can be a "father". Be a man. Be a Dad. Sorry for the preaching. Hits kinda close to home.
Link Posted: 3/22/2002 10:04:02 AM EDT
New Jersey. By Crooks, For Crooks.
Link Posted: 3/22/2002 10:04:43 AM EDT
[Last Edit: 3/22/2002 10:05:24 AM EDT by Voodoo17]
Can't fully agree with Fatman, but personal experience says that the child will have strong feelings about the man and leaving the childs life will really hurt that kid. A bad situation walked away from, constant battles etc. hurts the child more than male abandonment though. That situation was mine to decide. My daughter turned out quite well and the B#*+% did a good job raising her.[B)]
Link Posted: 3/22/2002 2:31:14 PM EDT
Originally Posted By Lady_Glock: The courts presume as a matter of law that where a child is born to a married couple ..., paternity attaches.
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This is the law in most places, and has been for a long time. You dont have to prove that a child born to your wife is your child, nor does a wife have to prove a child is her husband's.
Link Posted: 3/22/2002 2:37:29 PM EDT
Originally Posted By FatMan: While I do not agree with the ruling, I have the following comment to offer: If you've treated the child as your own, from birth: loved it as a father does; nurtured and cared and laughed and cried and all the other things that go along with being a "Dad": then you're the Dad--as far as the child is concerned. If you want to punish the skank that cuckolded you, then go ahead. Just don't take it out on the child. Did you stop loving him/her when you found out that you weren't the spermn donor? Any male can be a "father". Be a man. Be a Dad. Sorry for the preaching. Hits kinda close to home.
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Amen to that. If I found out tomorrow that my daughter is not my biological child it would not matter to me at all. She's mine as much as any child I might have fathered, and I will never stop loving her. My boy, on the other hand, is definitely mine! He looks just like me!
Link Posted: 3/22/2002 2:58:04 PM EDT
[Last Edit: 3/22/2002 3:00:16 PM EDT by Gunbert]
Originally Posted By GodBlessTexas:
Originally Posted By FatMan: While I do not agree with the ruling, I have the following comment to offer: If you've treated the child as your own, from birth: loved it as a father does; nurtured and cared and laughed and cried and all the other things that go along with being a "Dad": then you're the Dad--as far as the child is concerned. If you want to punish the skank that cuckolded you, then go ahead. Just don't take it out on the child. Did you stop loving him/her when you found out that you weren't the spermn donor? Any male can be a "father". Be a man. Be a Dad. Sorry for the preaching. Hits kinda close to home.
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Amen to that. If I found out tomorrow that my daughter is not my biological child it would not matter to me at all. She's mine as much as any child I might have fathered, and I will never stop loving her. My boy, on the other hand, is definitely mine! He looks just like me!
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You both have a point, however, your scenarios are just to sunshiny... Think of a guy who finds out it's not his, say six months after his Girlfriend put his name on the birth certificate. He might want out of the realtionship because of the infidelity, which she tried to hide by putting [i]his[/i] name on the papers, and he would rightly think that the biological father should pony up for the kid. I agree that a man shouldn't bail on a kid he's helped raise, however, you should not force a person to pay child support for offspring that isn't theirs. It should be left up to the individual in the situation, if he wants to support the child, great. If not, start looking for the biological father.
Link Posted: 3/22/2002 3:16:05 PM EDT
Brought to you by the same legal system that proclaimed: "NJ residents who own guns do so at their own risk. The burden of proof in firearms offenses lies with the accused, not the state." I paraphrased but that's it from the supreme court: guilty until proven innocent. I do take exception to the crooks remark though. Be careful how you paint a group of people with a wide brush... (fanatical, government hating heathen gun owners!)
Link Posted: 3/22/2002 3:29:08 PM EDT
Fatman you are an allright dude!!!
Link Posted: 3/22/2002 4:02:27 PM EDT
[Last Edit: 3/22/2002 4:02:45 PM EDT by Aimless]
Link Posted: 3/22/2002 8:14:11 PM EDT
[Last Edit: 3/22/2002 8:30:03 PM EDT by prk]
Originally Posted By Avtomat:
Originally Posted By Lady_Glock: The courts presume as a matter of law that where a child is born to a married couple ..., paternity attaches.
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This is the law in most places, and has been for a long time. You dont have to prove that a child born to your wife is your child, nor does a wife have to prove a child is her husband's.
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True. Several years back there was a case in I believe PRK where the real father was not permitted visitation in spite of DNA testing, because the woman was married to another at the time of birth or conception, I forget which, and the husband was determined to be the legal father, even though he wasn't the biological one. The biological one did not get visitation to his own kid. Also, last year a guy here was convicted of murdering his wife. The motive, according to the prosecution, was that he had a son with his wife (or so he thought), who he had raised with her from infancy to the age of 23. In reality, his wife had been spreading her legs for a "family friend" and the 23-year old was fathered by that guy. The wife had intended to tell the boy after all this time that his gfather was really someone else, and the prosecutors presented that as a motive. So even after he got past the infidelity, the husband evidently couldn't stand to see his son get hurt & used by the bitc*, or at least that was the theory.
Link Posted: 3/22/2002 9:14:31 PM EDT
[Last Edit: 3/22/2002 9:16:44 PM EDT by The_Macallan]
[b]Circumstance #1:[/b] Father "A" spends two years raising child. Child knows him as "daddy". Paternity test shows he's not the Father. [u]He bolts.[/u] [b]1st Choice of Action:[/b]State steps in and enforces "parental" [u]responsibility[/u] and forces him to continue supporting the child. or... [b]2nd Choice of Action:[/b]State steps in and severs his "parental" [u]responsibility[/u] because he's not the father. Now, whatever of action you choose, apply it to the next circumstance. Be consistent. [b]Circumstance #2:[/b] Father "B" spends two years raising child. Child knows him as "daddy". Paternity test shows he's not the Father. [u]He stays.[/u] Bio-Dad shows up wanting the kid, saying the mommy lied to him. [b]1st Choice of Action:[/b]State steps in and supports "parental" [u]rights[/u] allowing "daddy" to continue raising the child and tells Bio-Dad to beat it. or... [b]2nd Choice of Action:[/b]State steps in and severs his "parental" [u]rights[/u] because he's not the father. Bio-Dad gets partial custody. My question - Does biological evidence supercede common sense?
Link Posted: 3/23/2002 6:06:51 AM EDT
Thats why I left NJ. it sucks a rats ass.... ~livin large in Texas~ they grow everything bigger in Texas! CB [@:d]
Link Posted: 3/23/2002 6:28:30 AM EDT
I'm so glad I moved from Jersey many moons ago
Link Posted: 3/23/2002 7:02:20 AM EDT
Link Posted: 3/23/2002 3:24:59 PM EDT
Originally Posted By FatMan: While I do not agree with the ruling, I have the following comment to offer: If you've treated the child as your own, from birth: loved it as a father does; nurtured and cared and laughed and cried and all the other things that go along with being a "Dad": then you're the Dad--as far as the child is concerned. If you want to punish the skank that cuckolded you, then go ahead. Just don't take it out on the child. Did you stop loving him/her when you found out that you weren't the spermn donor? Any male can be a "father". Be a man. Be a Dad. Sorry for the preaching. Hits kinda close to home.
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That should be a personal choice; not a matter of law.
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