Georgia Paternity FRAUD victims
Carnell Smith Sr. & Family
Decatur, GA 30034
March 4, 2002
Rep. Stanley Watson (D-70)
Rep Barbara Mobley (D-69)
The Entire Georgia House of Representatives
The Capitol
Atlanta, Georgia 30303
Dear Honorable Representatives:
On behalf of the many Georgia paternity fraud victims that have testified to the lack of justice, we thank you for passing the HB 369 bill in the 2001 session. I would greatly appreciate your support in passing the Senate version in the 2002 term to help children know their biological father and save families like mine from financial devastation.
We have worked diligently with our bill sponsor Representative Stanley Watson (D-70) , co-sponsor Representative Barbara Mobley, Esquire and the Senate Special Judiciary Committee to provide a Senate version that will provide relief to the victimized men and their families.
Since becoming a Christian in 1991, my friends and co-workers have told me that I have a problem because I believe there is good in everyone and that I could somehow bring that good out of them.
Now after my devastating experience as a paternity fraud victim, I am one of the voices in America promoting legislative reform to help children and stop the enslaving of our sons for cash.
The Georgia data and the national data show that nearly 1 of 3 males tested for paternity were NOT the biological fathers. Even now there are numerous TV shows that prove a percentage of mothers are lying about who impregnated her. We must act to protect our sons from a predatory scam of naming any male in order to get cash.
The recent news of a Billionaire in California got a DNA paternity test done with results of 0% paternity. The story says that his ex-wife still demands $320,000.00 per month in child support.
I don’t get it! Why shouldn’t the courts make the mother pursue child support from the male that impregnated her instead of the guy that she lied to?
I have contacted his Attorney and asked to meet with him, introduce him to our California Chapter (CA-CAPF) and to help lobby for the newly introduced Paternity Justice Act of 2002 “California bill AB 2240”. We are actively working with victims and supporters in other states such as FL, TX, OK and NJ to stop Paternity FRAUD.
It is impossible to review the testimony of the numerous Georgia women and victims including married, divorced and unwed men from all walks of life including US Military men, Clergymen, Truckers, Engineers, Song Writer, a local Attorney and others then conclude that Carnell Smith is the only victim? See the opinion letter sent to AJC by a Georgia Attorney/ paternity fraud victim.
The majority of the people contacting my Citizens Against Paternity Fraud support group and the world renowned PaternityFRAUD.com website are women. These honest women are mothers, wives, sisters, grandmothers, other relatives and friends of the paternity fraud victims that denounce the actions of any mother that lies about a child’s paternity.
I believe, that without a legal DNA paternity test, there is no accurate means to determine that a mother has told the truth about who the father is. Sometimes a mother really does NOT know which guy is the father and somehow manages to pick one as the child’s father.
Should mothers be allowed to practice the shameful art of father shopping? It certainly detracts from the idealism of equal rights and equal responsibility for men and women.
I say that the state should not be involved in enforcing a fraud for any reason period. We now have an unconfirmed report that a child DIED in an emergency room because the man was NOT the biological father nor the genetic relative and there was no time to find a genetic relative. If this mans claim is true, why would a mother put a child’s life in danger?
I believe that children and men deserve to know their genetic history for medical reasons. It is my understanding that some people have a higher risk for medical problems based on their family’s medical history.
Let’s require the truth from men and women to protect the children and the families affected.
The March 2002 Atlanta-Journal opinion poll show that 89% of the people say Men deserve to know who their children are. The Georgia House Bill HB 369 will provide relief to victims and their families along with the means for men and children to know the paternal truth.
In order for Justice to be equal justice, men must have the same amount of time to get the truth about paternity similar to the amount of time that women have to initiate a child support order. A letter from one mother, dated Feb 20, 2002 was sent to the Georgia House of Representatives stating we need a time limit on children and men getting to know who the biological father is.
It is interesting that this same letter did NOT state any requirement on mothers to make a truthful and completely honest statement of all paternity candidates to the putative father and the court within a time limit.
I wonder if this letter was trying to say that no man should ever rely on the mothers sworn affidavit about who the father of her child is? If so, this is one more reason to pass the Senate version of House bill HB 369 as soon as possible.
FACT:
A child’s mother is the only person with first hand knowledge of all potential fathers and has too many financial incentives to actively conceal these material facts from the putative father and the court.
BEST INTEREST:
When discussing the best interest of the children (BIC), let’s also consider my two children and my wife! My family has been forced to endure a lower standard of living due to loss of our hard earned money under duress.
There is compounded stress on paternity fraud victims like us from a constant battle with the courts, child support enforcement and the child’s mother. Their position is crystal clear “pay or go to jail”. There is no focus on best interest of the child, instead best interest of cash (BIC$).
There is constant pressure from the child’s mother demanding my hard earned cash under threat of jail and seizure of assets for non-compliance.
It would be nice to get a better car than my 1985 Nissan Maxima with 350,000 miles using my own money.
NO RELATIONSHIP:
I have already been removed from the life of the ex-girlfriend’s daughter since April 16, 2000. Her child wrote a book about her family and omitted me as her father. My former daughter considers her mothers current husband as her father according to the book.
My ex-girlfriend informed me by letter and by phone that I am to have no contact with her child until this matter was resolved after first DNA test revealed 0% paternity. Rather than risk jail or face any false charges, I have abided by her demand.
My former daughter called me once and I explained her mothers demand. Later, I got an email that I traced to the mothers DSL email account.
I was afraid to respond, suspecting a trap to get me charged with a false allegation. Considering everything that has be done to me, I have no reason to trust my ex-girlfriend nor her Attorney.
The ex-girlfriend and her daughter have been seen shopping at a local shopping mall by my wife and members of my church with no apparent problems.
In fall of 1998, after her new marriage the ex-girlfriend increased her expenses by purchasing a new home then told me that I did not pay her enough money to meet her expenses. My ex-girlfriend stated that I should pay her 20% of my gross salary for her daughter per the guidelines. I explained that I could not pay her $1,000.00 + per month since my take home salary was $2,600.00 while supporting three households and giving money to my church.
I was already spending money on her daughters clothes, piano lessons and a college fund for her daughter in addition to $300/mo child support. Also told her that my pregnant wife was going to be a full time mother after the birth of our daughter, we had waited eight years to start our own family.
I told the ex-girlfriend that I did not believe that the court would make my family homeless just because she had increased her expenses, informed her that Id see her in court.
Based on my complete confidence, complete trust in the ex-girlfriend and her assurance that I am the father based on our contact in Feb 1988, I stipulated to paternity based on the mothers information that I believed that I was the biological father and that I was unaware of any other person with a claim. [My case is a matter of public record, Dekalb County, Odum v Smith 98-12744-9.]
Think about this, why would a mother need to count dates and get a doctors calculation of the conception date unless she knew there was more than one possible father? A doctor initially calculates a baby’s conception date and due date based on information received from the mother.
If you were me, after the trial court disregarded your family’s survival by ordering 41% of your take home pay in March 2000, the mother threatened to call police if you attempted to exercise visitation on your court ordered day, then you discover 0% paternity in April 2000, would you risk getting arrested after the child’s mother says no contact with her daughter?
The ex-girlfriends attorney immediately demanded payments after I would not agree to waive my rights to monies paid. After these actions, my new attorney asked the trial court to grant a jury trial based on constructive fraud, legal fraud and fraud on the courts.
I am still amazed that the trial court refused to allow me to introduce the evidence of fraud then said that I did not prove fraud. I still have the evidence. I believe the trial courts denial said that I should have known that the ex-girlfriend lied about paternity and that her word could not be trusted because we were not living together at the time of conception.
The trial court has absolutely refused to issue an order releasing me from paying child support in spite of two independent DNA reports with 0% paternity.
FACT: I discovered 0% paternity (April 25, 2000) nine months after I signed paternity related papers in July 28, 1999, in direct contradiction of the ex-girlfriend’s sworn statement.
In Georgia, paternity fraud and family cases are not guaranteed a constitutional right to appeal an illegal judgment lack of subject matter jurisdiction. Both appellate courts denied an opportunity to appeal in behalf of all Georgia victims. Neither do they provide any reason for denial even when presented with a clear need for a precedent. We got a one liner of denied.
Paternity FRAUD has reached epidemic proportions as proven by:
FACT: Georgia DHRs Robert Swain publicly stated that 30% of as many as 45,000 Georgia mothers submitted false paternity affidavits with no consequences. While attending the International Conference of Fatherhood in Atlanta with Mr. Swain and several employees of Child Support Enforcement, they told me that it is common for them to test as many as five males for paternity and still not find the biological fathers.
The message is clear to me that sometimes unwed, divorced and married mothers lie about the child’s biological father (intentional and unintentional). Rewarding bad behavior tends to result in more of the same. Paternity FRAUD, actually makes the case for mandatory DNA testing to protect the child and the man from being deceived.
The correct answer is NOT to lie to the child and the deceived man, but the law must hold the biological parents accountable for their own children. After all they have had their fun, lets make them responsible.
I love my ex-girlfriends daughter, but I cannot risk going to jail. I must protect my family from being financially raped and forced into poverty. This nightmare has cost us in excess of $115,000 and my children’s college money.
My family consisting of my wife, my son and our three year old daughter (99.9995% DNA test in May 2001 says she is mine) represents just one of the families harmed by Paternity Fraud. We beg you to send a clear message that fraud, extortion and involuntary servitude are not an acceptable means to obtain child support.
I pray that God will touch your hearts to pass the Senate version of HB 369, today so that Justice will begin in Georgia as it has already begun in Maryland (1994) and Ohio (2000). This crime can and must be stopped!
Sincerely in Jesus name,
Mr. Carnell A. Smith Sr. & Family of three
Georgia Paternity Fraud victims
Enclosure:
March 2002, Opinion Editorial to Atlanta Journal Constitution by James Albertelli, Esq.
Georgia Attorney and Georgia Paternity Fraud Victim