[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
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]
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:
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.
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