September 06, 2005

Duped Dads

I posted about a case of paternity fraud that a friend of mine is dealing with, then CNN posted statistics that suggest 1 in 25 men could be raising and/or supporting children that they erroneously believe to be their's.

Now comes news of a New Jersey case that was decided in favor of the duped dad - a reversal of what usually happens.

The significance: family courts are beginning to reflect a growing impatience with paternity fraud; perhaps this is in reaction to a shift in societal attitudes.

Predictably, the pathbreaking New Jersey decision raises more questions. For example, if a deliberate fraud was perpetrated for 30 years by both the biological mother and father, why is only the father held liable?


Like the writer, I too am uncomfortable with the judges' decision to absolve the mother who perpetrated the fraud of any responsibility, but I am happy to see the husband get some compensation - though I know that the money does little to help with the emotional toll her actions must have taken on him.

As she says

And, when a legal proceeding occurs, intentional fraud should be punished. BEC — along with the natural father — committed intentional fraud.

The New Jersey decision is beneficial in granting increased recognition to the plight of paternity fraud. But an obvious problem remains. Two people committed fraud. Only one of them bears any liability.

Posted by Vox at September 6, 2005 10:25 PM | Paternity Fraud , politics
Comments

My teacher was telling us that they used to do quick little DNA tests for the students. They'd bring in a swab from mom, dad and the student and then break it down and tell the student... "You got your nose from your mom and you hair from your dad..." But about 10% of the time there was no matching anything from the dad. To avoid legal trouble they had to stop the practice.

Posted by: wickld at September 7, 2005 08:55 AM