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Old 05-21-2008, 07:28 AM
 
Location: Chicago's burbs
1,016 posts, read 4,542,960 times
Reputation: 920

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Quote:
Originally Posted by StoneOne View Post
Your concern for the kids in this fantasy world of your is SO...touching!
Personally, I think the poor child is going to have issues regardless if the presumptive father gets saddled with the financial responsibility or not. I certainly don't think being raised by a mother who is a lying cheat, tried to pass another man off as his/her father, and hid the bio father from him/her is in the child's best interest!
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Old 05-21-2008, 07:29 AM
 
Location: Washington DC
5,922 posts, read 8,067,914 times
Reputation: 954
Quote:
Originally Posted by evilnewbie View Post
Umm... yes, but the fact is that the infidelity is completely hidden for years. When you learn about it and the child isn't yours, that isn't your responsibility. The court says it is. The fact that the kid isn't yours and like fraud, you are allowed to sue as soon as the fraud comes to light. The fact that you just learned that the kid isn't yours IS fraud and you have no financial obligation to fraud.
You can go after the biological father, you just can't go after the kid.
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Old 05-21-2008, 07:30 AM
 
2,137 posts, read 3,859,873 times
Reputation: 608
Quote:
Originally Posted by rlchurch View Post
You can divorce a spouse for infidelity only if you do so as soon as you learn of the infidelity. Allowing paternity testing years after the fact is going to be very harmful. It will become a standard tool in divorce proceedings. We do enough damage to kids in this country with the way we litigate divorce. We don't need to be adding anything extra to put on the kid. This is a child were talking about not a supposed AKC registered dog.

Well, if paternity tests are standard at birth, there will be a drop off of these stupid women trying to trap men into paying for children who are not theirs.

Yes, there will be a period of flux. Oh, well.

Yes, it will become a standard tool in divorce proceedings.

Women need to be held responsible for the children they conceive. If they try to fool a man with false paternity they should be caught immediately at the time of delivery. Then no "bond" takes place between the poor man and the poor kid.

The bio father should be financially accountable, not some poor fool who is being duped by a morally corrupt woman.

I imagine women will start taking their birth control a lot more seriously when this gravy train dries up.
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Old 05-21-2008, 07:32 AM
 
Location: Land of Thought and Flow
8,323 posts, read 15,171,483 times
Reputation: 4957
Quote:
Originally Posted by rlchurch View Post
You can divorce a spouse for infidelity only if you do so as soon as you learn of the infidelity. Allowing paternity testing years after the fact is going to be very harmful. It will become a standard tool in divorce proceedings. We do enough damage to kids in this country with the way we litigate divorce. We don't need to be adding anything extra to put on the kid. This is a child were talking about not a supposed AKC registered dog.
I distinctly remember getting a mouth swab done when my parents got divorced. Might've just been my dad being bitter about the divorce, though. Divorce is bitter, divorce is two people who realize that they're not compatible anymore. There are a lot of conflicting emotions and a lot of hurt words said.

When a man and woman divorce, either parent can get custody. If the mother wants continued support from the man for the child's benefit, then a paternity test should be done.

I understand completely that the courts want to do what is best for the children. If that is the case, then I think that the non-custodial parent should be able to get a disclosure of how the money is spent.. along with guaranteed visitation.

Quote:
Originally Posted by Frank_Carbonni View Post
I would only support presumed paternity of a child and the financial burdens placed on it if the father was allowed to have custody and visitation rights as well.
The father can fight for custody. In fact, past the age of 6 or 7, I grew up without a mother in my life. And my father was one of those who abused the Child Support system. He also didn't let her have any visitation or contact.

Not saying that a paternity test would have fixed my family's problem, I'm just saying that a non-custodial father should not have to deal with that kind of hassle (that my mother dealt with) without solid proof that it is his child.
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Old 05-21-2008, 07:49 AM
 
Location: Washington DC
5,922 posts, read 8,067,914 times
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This is a total red herring. The issue is material support for a child.

BTW I had court ordered visitation right spelled out in my divorce documents. I think all courts will order such unless there is some question about the fitness of the other parent.
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Old 05-21-2008, 07:52 AM
 
Location: Fort Worth, Texas
10,757 posts, read 35,440,752 times
Reputation: 6961
Quote:
Originally Posted by rlchurch View Post
Because the court is concerned primarily with the care of the child, as I said.
I think the court should also be concerned with the fraud being perpetrated against the man who was married, not aware his wife was a **** sleeping around AND passing a love child off as his own.

Is it really going to come to men sneaking their babys out of the house to get them tested?
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Old 05-21-2008, 07:55 AM
 
Location: Washington DC
5,922 posts, read 8,067,914 times
Reputation: 954
Quote:
Originally Posted by Lindsey_Mcfarren View Post
I think the court should also be concerned with the fraud being perpetrated against the man who was married, not aware his wife was a **** sleeping around AND passing a love child off as his own.

Is it really going to come to men sneaking their babys out of the house to get them tested?
They will entertain such an action. It's just not going to interfere with care for the child. The husband is the "presumptive father." Find the biological father and the court will make him pay.
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Old 05-21-2008, 07:57 AM
 
Location: Land of Thought and Flow
8,323 posts, read 15,171,483 times
Reputation: 4957
And why should somebody pay money to his ex-spouse for a child that is not his without the benefit of guaranteed visitation?

Even with an order, the custodial parent can always make excuses - and it's not like the non-custodial always live nearby and could file for a motion of hearing in the visitation matter. Doesn't matter where the non-custodial parent lives. They would have to go to where the child lives to file anything. Which of course stinks if the non-custodial is active duty and stationed in some place like Guam.

Fact of the matter is that I agree with mandatory paternity tests for divorces. And I disagree with the sentiment that a non-biological parent should be forced against his will to support the child in any way shape or form.
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Old 05-21-2008, 08:01 AM
 
Location: Chicago's burbs
1,016 posts, read 4,542,960 times
Reputation: 920
If I was a man, I would think long and hard about ever getting married in the first place knowing that if my wife cheated on me and got pregnant by another man, my marriage certificate made me financially responsible for her love child! It just makes no sense to me.

And we wonder why family values are falling apart in this country!
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Old 05-21-2008, 08:38 AM
 
Location: Washington DC
5,922 posts, read 8,067,914 times
Reputation: 954
Quote:
Originally Posted by Kuharai View Post
And why should somebody pay money to his ex-spouse for a child that is not his without the benefit of guaranteed visitation?

Even with an order, the custodial parent can always make excuses - and it's not like the non-custodial always live nearby and could file for a motion of hearing in the visitation matter. Doesn't matter where the non-custodial parent lives. They would have to go to where the child lives to file anything. Which of course stinks if the non-custodial is active duty and stationed in some place like Guam.

Fact of the matter is that I agree with mandatory paternity tests for divorces. And I disagree with the sentiment that a non-biological parent should be forced against his will to support the child in any way shape or form.
Major red herring Kuharai. Visitation is a separate issue will almost always be granted and enforced by the court. A custodial spouse that fails to provide the child for court ordered visitation will be in contempt of court.
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