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Paternity fraud case raising many questions

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Uploaded by on Dec 20, 2009

A local paternity case and others like it throughout the country are raising a firestorm of questions and concerns.

State legislatures and judges are grappling with questions that go to the heart of what defines being a father.

Pennsylvania says Mike is the father of his child - even though he can prove he's not the biological father.

When his daughter was 2-years-old, Mike found out his wife was having an affair. But his wife told him she would end it, and assured him that their child was his.

However, two years later, he found out that the affair was still going on and he demanded a paternity test.

"Got the results back and it was zero percent chance that I could be the biological father," said Mike.

Mike filed for divorce and after it was granted - his ex-wife remarried. But in the meantime, she sued Mike for child support even though DNA proved that he was not the biological father.

He went to court expecting an open and shut case. He was not the biological father; in fact, the child was now living with her biological father.

And yet, to his surprise, Judge David Wecht ruled that Mike had to pay child support - that under state law Mike was in fact the father of the child.

Wecht says what may appear to be an obvious case is less so under state paternity law, which says that when a child is born into an intact marriage the husband in that marriage is presumed to be the father.

The law pre-dates DNA testing and Wecht could not consider that evidence.

"All may know the truth that the science says, but the courts are required to blind themselves from the truth," said Judge Wecht.

State law also says there can be only one father, and deciding that Mike is that man - Wecht is requiring him to pay child support, which Mike says runs about $7,500 a year.

Todd Elliot, the attorney for Mike's ex-wife, says Wecht made the correct decision.

"The person you claim is not the biological father, actually is the father in every sense of the word," aid Elliot.

The child is now 11-years-old and has a room in Mike's house. Under custody agreements, Mike has regular visitation and other rights.

"He has a voice deciding where the child goes for health care, what school she goes to, what religion she's involved with, so he is a father to this child," added Elliot.

And it's those rights that make the case even more complicated.

Mike remains emotionally attached and wants to remain a key force in the child's life. He's even willing to support her financially. He just doesn't believe that the state should compel him to do so.

Judge Wecht believes that state law should be changed - that judges should be able to consider DNA evidence in deciding paternity cases.

Mike wants all babies in the state to be tested to resolve the questions of paternity at the time of birth.

But with hundreds of thousands of paternity tests being conducted every year, states across the union are trying to craft laws to deal with the results.

http://antimisandry.com/
http://www.glennsacks.com/
http://www.mensnewsdaily.com/

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  • The laws are set up for the woman... If women had to go through what a man goes through in divorce court there would be protests in the streets by women... Most woman want the rights and privileges, but not the responsibilities. Politicians know this and will not change the law as they know women vote in a block and men don't.

  • I swear, if I was this guy I would have puled an "OJ" and have this bitch and her piece of shit boyfriend taken out.

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  • mikes a great guy and mikes ex-wife is a terrible woman

  • Lady's and Gentlemen. One simple phrase, one simple statement to all this caos. "Money is and will always be root of ALL evil" nuff said.

  • @rexx1234567 A wise man once said to me that: "If the 51% vote that the 49% have no rights and are essentially slaves to the whim of the 51% then the 49% have the RIGHT to rebel and overthrow the corrupt system. Never ever forget that if push comes to shove, then what ever faction has the most men willing to die for their cause will win."

  • Many beta males who hardly had the attention of women in their youth end up marrying single mothers and raising the children of the thugs and bad boys. The screwy thing that some men are forced to pay child support for step children if the mother argues that a parent-child relationship was formed. I advice men in the West to generally avoid marriage and specifically avoid entanglement with single mothers. 

  • It is not just the USA. All Western legal systems to varying degrees say a collective "go fuck yourself" to the everyday man. Only the Muslims savages who keep tight control of their women and demand to be kept under the jurisdiction of Islamic law are relatively free of all this.

  • Not punishable for women. Women are also receive little punishment if any for murdering their husbands or their kids. Ever heard of the PMS or postpartum defense not to mention simply claiming that he was abusive despite having little evidence other than her say so. Women have a racket going in Western countries, especially the anglophone ones. That is why men should avoid marriage as the general rule!

  • This is the reason why, there is so much hate crimes in this nation, before the US, used to be a state of right, but lately,,, is a state of currpotion and favoristism. My case was the opposite, I had a judge in conjunction with an attorney to terminate my rights as a father, I had to fight the battle. All of this paternity laws are against the constitution of the USA.

  • @dissapointedoptimist Wow! "Safe Abortions"? Safe for who?

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