Paternity Fraud case gives ray of hope
October 2, 2007 | Posted by ANCPR The case in the story linked here below at least opens the door for alleged fathers to contest paternity and child support, even though the issue has already been decided, however erroneously, in the past.
| Case: Patrick Winfred Ashley v. Michelle Marie Mattingly, COSA No. 2169. Reported. Opinion by Hollander, J. Filed Sept.13, 2007.
Issue: Did the lower court err in finding it did not have discretion to order genetic testing in paternity contest of a child born during a marriage?
Holding: Yes. If the lower court determines it is in the best interest of the child, genetic testing of a child born during a marriage may be allowed under the Estates & Trusts Article.
Counsel: Nicholas D. Capousis for appellant; William R. Lenck for appellee.
RecordFax: #7-0913-03 (27 pages) |
The problem is that this case, as I understand it, still requires him to go back and ask again, and the court could turn him down, based on the interest of the child doctrine. What I’d like to know is why no one seems to see that it is always in the interest of the child to know who the real father is. That’s right, there is such a thing as a real father. I.E. The biological father. I am well aware that it is currently fashionable to say things like, biology isn’t everything, etc., and it is certainly true that people, of both genders, can be extremely significant in the lives of children and adults. That’s great. That’s as it should be. But the only person who is your real father is the biological father.
A lot of these issues would disappear if the established child support and divorce industry wasn’t so fixated on putting monetary values on the worth of children (based upon, largely, the income of the putative father). This one is worth $1000 a month, this other is worth $200 a month, and so forth. It’s obscene.
The current state of affairs in Family Courts in the entire developed Western world looks as if it was either constructed by extremely cynical, evil, manipulative and cruel monsters, or alternatively, by a bunch of idiot monkeys.
Categories: Courts and Legislatures, Paternity Fraud | 
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