Watch
Out for a Paternity Act in Your State
Menstuff® has compiled the following information on Paternity
Acts in California and Michigan
If you have a child in California, get a
Paternity Test ASAP
The Paternity Opportunity Program of
California
What is The Michigan Paternity
Act?
Establishing Paternity
Home Paternity Test goes
Nationwide
Paternity
Leave
If you have a child in California, get a Paternity Test ASAP
Brandon Parsons is a young Marine who fought in Iraq and Afghanistan. On January 22, 2013, San Diego Superior Court Judge Gregory Pollack ruled that Brandon Parsons will have to continue paying child support for another twelve years for another man’s child.
His reason is that Brandon Parsons did not file his request for an order for DNA paternity testing of the child, Ashton Parsons, and the mother, Crystal Parsons, until two years after the child’s birth. Because of this delay, Brandon will have to continue paying child support for another twelve years for another man’s child.
Brandon is currently required to pay $1,377 per month, approximately one-third of his income, for a total of $16,524 per year. To date, he has paid over $50,000 to support Ashton and is on pace to pay over $250,000 before his obligation ends.
The Court found Crystal Parsons’ testimony to be totally untrustworthy. It called her actions in deliberately lying to Brandon about being the father of the child “despicable.” In his written opinion, Judge Pollack states his views as follows: “The court denies the motions of Respondent Brandon Parsons to set aside Judgment and order blood testing to determine paternity. The motions are statutorily untimely under Family Code Section 2122, 7646,7541 and C.C.P. Section 473. The Paternity determination set forth within the 2009 martial dissolution judgment stipulated to by father, is res judicata and not subject to an equitable se t aside.”
The court concludes that the Father was, in fact, despicably duped and victimized by Petitioner Crystal Parsons’ fraudulent concealment regarding biological paternity, a deception which has placed a significant, continuing financial burden upon the Father. Existing law, however, as applied to the facts of this case, precludes the court from setting aside the prior paternity determination. Unless the law is changed in this area, the fact pattern in this case represents the rare situation where the jurisprudence maxims of Civil Code Section 3517 (“No one can take advantage of [her] own wrong.”) and Civil Code Section 3523 (“For every wrong there is a remedy.”) are, regrettably, untrue.
Brandon has remarried and is now faced with having to struggle to take care of his family while paying for Crystal Parsons’ love child. He was targeted by Crystal Parsons because she was pregnant and had no money to cover the medical expenses associated with the birth of the child. He was a young Marine from Minnesota stationed at Camp Pendleton, Oceanside, California, when he met Crystal. She told him that because she was saving herself for marriage, they could not have relations.
According to the declaration of Brandon Parsons, she was sleeping with other men, however, and when she found out that she was pregnant, she quickly arranged to have relations with Brandon. Seventeen days later, she announced to him that she was pregnant. The medical benefits he could provide were far too tempting for her to resist. She simply lied to Brandon and went through with the wedding knowing she was laying the burden of supporting her lover’s child on Brandon.
This is the conduct the court found to be despicable. During his divorce proceedings in November 2008, he signed a waiver of his rights under the Servicemembers Civil Relief Act. This Act would have tolled all statutes of limitation against him, but since it had been waived, we had to argue for relief under the court’s equitable powers. Unfortunately, Judge Pollack refused to exercise his powers of equity and right this wrong.
Despite Judge Pollack’s strong language, Crystal Parsons has actually filed a motion asking the court to order Brandon to pay $8,535 to the lawyer she hired to defend her lies. This motion is continued to May 9, 2013. We have already decided that if she is awarded a penny in attorney fees, we will take it to the Supreme Court, if necessary.
Source: Note: Fathers and Families has a vibrant group of
volunteers getting organized in California. There is a lot of work to
be done on our issues. please email Rita
Fuerst Adams if you would like to join in.
The Paternity Opportunity Program of
California
What is a Declaration of Paternity?
It is a legal document that, when signed by both parents, says the man is the natural father of the child.
How Can a Declaration of Paternity Help Me?
When the parents of a child are not married at the beginning of the pregnancy or at the birth of the child, the father may NOT be considered a legal parent with rights or responsibilities for the child. Even signing the child's birth certificate will not make him the legal father. To help you gain legal rights as your child's father, you can sign the Declaration of Paternity. In most cases, signing the form will make it easier to establish paternity in court later.
Why should I sign the Declaration?
What Does it Mean when I sign the Declaration?
After both parents have signed the Declaration of Paternity, the form and other appropriate paperwork may be filed with the court to establish paternity. Once paternity is established, you will have the legal rights and financial responsibilities of a parent under California law. Signing this declaration will help your child have the same rights that he or she would have if you were married to the other parent. (Editor: Notice they stay away from talking about you having any rights.)
How do I Fill Out the Declaration?
Sections A, B and D should be filled out by the parents of the child. The witness will fill out section E. See the instructions on the declaration for more details.
What do I do if I have More Questions?
For more information about the Declaration of Paternity,
establishing parentage or child support, please contact the local
District Attorney Family Support Office or legal services
organization. (1/95)
What is The Michigan Paternity Act?
The Act defines “child born out of wedlock” as:
“a child begotten and born to a woman who was not married from the conception to the date of birth of the child, or a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage.”
Thus, there are two ways in which a child can be considered a “child born out of wedlock,” and a putative father can seek paternity under the Paternity Act only if the child falls into one of the two categories.
As to the first category—that of “a child begotten and born to a woman who was not married from the conception to the date of birth of the child" the Michigan Court of Appeals has interpreted this language as requiring the mother to have been continuously unmarried from conception to birth in order for the child to be deemed born out of wedlock.
As to the second category—that of “a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage" the Michigan Supreme Court has interpreted this language to require a court determination that the child is not the issue of the marriage prior to the putative father filing his complaint seeking paternity.
If you lose this case what might this mean for others?
My attorney's answer this question well with these statements:
"In the case at bar, the Plaintiff sought a determination in a timely manner. He filed his suit while the Defendant was unmarried. Rather than answer the complaint, the Defendant got married."
"If the Defendant's reasoning holds, there would be no meaningful opportunity to have a determination of paternity made. There is no practical way to prevent a biological mother from marrying another man. Even if the court were to grant a temporary restraining order, the mother could violate the order, accept the penalty, and still hold the presumption against the biological father."
"Such action raises an interesting equal protection argument. Suppose the roles were reversed. The Paternity Act allows unwed mothers to enforce support obligations upon biological fathers regardless of whether the father is married to another women. To satisfy notions of equal protection, this ought to be impossible."
I'll note that I also signed the Affidavit on February 19, 2003, almost 3 months before he was born. I talked to my first attorney September 5, 2002 and again in December. I talked with a former judge and over 10 attorneys in all.
I have followed everything "by the book", more than most ever do, to the extent that my case is considered a precedence. My son Caleb is over 5 months old now and has never heard, nor seen his biological father. How can anyone else expect anything more in a similar circumstance without a change?
Virtually everyone I have talked with does not know this law
exists. The few that are aware do not understand it and how it can
affect their lives.
Source: www.theloveofmylife.orghttp://www.theloveofmylife.org
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