Time limits protect Paternity Fraud Perpetrators
"Time limits would protect the criminal and violate 14th amendment"
Opinion by Carnell Smith
for CAPF Freedom Fighter, "The Naked Truth"
April 2001
What would happen to the crime rate, if criminals were told "if you take
money under false pretences", don't worry about it --
there's no problem as long as it's not discovered for xx
years? So, take the money and disappear. And if you do get
caught, you'll get a tap on the wrist and you can still keep the money.
Would that deter others from pursuing the same criminal acts?
Absolutely, not!
We, the Citizens Against Paternity Fraud agree with the following US Supreme
Court ruling about violations of the 14th Amendment. There
should NOT be a time limit on the paternity fraud cases,
if this is done -- men's civil rights will be violated.
The US constitution requires Equal protection for all citizens, since there
is no time limit on when mothers can seek child support or
arrears.
It would be equally fair
for men to have the same amount of time to discover paternity fraud, in the absence of any laws that require moms to tell the TRUTH
about paternity (Ie. full disclosure of all possible
fathers).
How can 60 days for challenging paternity be equal to 18+ years of
paying child support? The math does not add up, no matter
what calculator is used.
See the excerpts from the highest court in North America, US Supreme
Court:
--------------------------------------------------------------------------------------------
03/21/32 HEINER v. DONNAN ET AL.
1932.SCT.210, 285 U.S. 312, 52 S. Ct. 358, 76 L. Ed. 772 A rebuttable presumption clearly is a rule of evidence which has the effect of
shifting the burden of proof, Mobile, J.
& K. C. R. Co. v. Turnipseed, 219 U.S. 35, 43; and it is hard to see how a statutory rebuttable presumption is turned from
a rule of evidence into a rule of
substantive law as the result of a later statute making it conclusive.
This court has held more than
once that a statute creating a presumption which operates to deny a fair opportunity to rebut it violates the due process clause of the
Fourteenth Amendment. For example, Bailey v.
Alabama, 219 U.S. 219, 238, et seq.; Manley v. Georgia, 279 U.S. 1, 5-6. "It is
apparent," this court said in the Bailey case (p. 239) "that a constitutional
prohibition cannot be transgressed
indirectly by the creation of a statutory presumption any more than it can be violated by direct enactment. The power to create presumptions is not
a means of escape from
constitutional
restrictions." --------------------------------------------------------------------------------------------
The paternity fraud issue is not about the best interests of the child (BIC).
The mom and Child Support Enforcement want money with
no regard about true paternity.
Sadly, anyone picked by mom that is unfortunate enough to believe her accusation, will do just fine.
This keeps the matching federal tax dollars coming in, so what if 30% of men tested for paternity
were not the bio-dads?
- Using the new child support enforcement measures, pay or go to jail
& assess arrears while the alleged father's in jail!
- Just try and get a contempt ruling against mom for non-compliance of
visitation (it's a roll of the dice).
But if a man gets behind in child support payments (regardless of reason),
justice can be swift and unmerciful. The child support
enforcement agencies and the courts will haul you to jail, yank your driver's/business licenses, seize your assets.
We have been contacted by men that will testify to
this treatment as a hunted animal -- then discover they've
been tricked and are not the bio-dad. Yes, the mom always knows of her other
intimate relations then makes a conscious decision to
conceal this information from the guy that was selected.
Is there anybody here willing to go to jail when you have prima facie
evidence that you did NOT commit the crime (pregnancy)?
The DNA results will prove the innocent man is NOT GUILTY!
Now, let's fight paternity fraud to free the victimized men and families from
the fraud perpetrators.
Carnell Smith Pf.V - Director
Citizens Against Paternity Fraud (CAPF)
Carnell Smith, Pf.V, is a paternity fraud victor, self-avowed
advocate for legislation that protect men and children rights to accurate paternity.
Copyright © 2001 - 2010, Carnell Smith, PaternityFraud.com, All
Rights reserved.
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