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[If there are multiple alleged fathers, and none are excluded by initial testing, then the court must order additional testing until the issue is resolved. Section 505(c).]

See presentation that we obtained through the National Child Support Enforcement Association (NCSEA in April 2001) 

 

*Why have states been so slow to change the laws regarding paternity fraud?

Political Correctness vs. upholding the US Constitution especially minimizing Due Process and Equal protection for the accused males. DANGER * - NONE of the states require a full and truthful disclosure of other potential fathers to the alleged father.

 

Innocent males are being punished for believing the lie "you are the father" from the mother (Extreme case of unjust enrichment due to violation of confidential relations and deliberate concealment of material facts).  

[ United States Supreme Court - "in the field of contested paternity . . . the truth is so often obscured because social pressures create a conspiracy of silence or, worse, induce deliberate falsity. The person alleged to be the father has a legitimate interest in not being declared the father of a child he had no hand in bringing into the world. It is important to him that he not be required to provide support and direct financial assistance to one not his child.- RIVERA v. MINNICH, 1987.SCT.2906, 483 U.S. 574, 107 S. Ct. 3001, 97 L. Ed. 2d 473, 55 U.S.L.W. 5075]

 

Based on my research and conversations with legislators in several states: 

#1 Answer is many states look the other way while claiming Best Interest of the Child (BIC) - justifies financially and emotionally destroying the INNOCENT male with no regard for his Civil and Constitutional Rights . Yet this same logic does not apply for the thousands of kids that are denied contact with their biological dad or duped dad.

In many cases the male does not have a relationship or NEVER had a relationship with the child. In other cases, the duped male has been trapped for financial reasons by default judgment. We (US-CAPF) agree with Maryland Appeals Court and Ohio Legislators, children do NOT select fathers, only mothers DO. Best interest argument is not a factor in the determination of actual paternity.

See Office of Child Support Enforcements website:

http://www.acf.dhhs.gov/programs/cse/pubs/reports/litigation/ch04.html

 

Note

Reversing prior holdings based on a recent statutory change, the Maryland Court of Appeals recently held that Family Law Article Section 5-1038(a)(2)(i)(2) applies retroactively to any action to disestablish paternity, regardless of the date when paternity was established, Langston v. Riffe, 359 Md. 396, 754 A.2d 389 (Md. 2000). This provision gives an adjudicated father the right to reopen and challenge the paternity declaration against him when post declaration genetic test results show that he is not the child's biological father. The Court further held that the adjudicated father may request a blood or genetic test in order to confirm or deny paternity. A determination of the best interests of the child is inappropriate and irrelevant to deciding whether to order genetic testing or disestablish paternity

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