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JohnJohns
May 4, 2008, 03:55 PM
Hello everyone!
Fourteen years ago I had a brief affair with a married woman. I newly discovered that I am the father of her the only son who was born thirteen years ago/ don't ask me how/. She is still married to her husband.He was mislead to think that he was the father and he is listed as my son's father in his birth certificate.I am thankful to him for all his care . Now I want to be my son's legal father,to change his last name to mine and to have custody rights.Also I am willing to pay back child support.
I tried to talk to them but the husband said he was distressed about the news, and he would feel humiliated himself if he had to explain all to his relatives and friends.He doesn't want to cooperate.He doesn't want to understand that he is a step father only and he can get about $ 80,000 as back child support.
I need your advice where to start my action.I am in Tennessee.
Thank you!

Synnen
May 4, 2008, 04:13 PM
Actually, after 13 years, you may not HAVE any rights.

You need to consult a lawyer.

You are also unlikely to get custody. If you DO get anything, it may be just visitation. The child doesn't know you from Adam--how would it be in the child's best interest for you to come storming into his life claiming that you're his father?

My opinion on this (and it's not a legal opinion, just an opinion) is that you should sign away your parental rights (if you indeed have any) and walk away. You have NOTHING invested in this kid--to demand to be a part of his life is the utmost in selfishness.

As long as you don't have to pay child support, why go butting in? Why do you feel this NEED to have to parent a kid that already has a dad?

I think that all three adults in this situation should come to an agreement as to what is best for the CHILD, not what is best for the adults, or what the adults WANT.

stinawords
May 4, 2008, 04:14 PM
Your first step is to contact a family lawyer. I'm not sure if your state has a statute of limitations but many do. And you have long passed it in all of the states that I know of. The lawyer will be able to tell you if you have any chance but becaue it has been so long you may not be able to challenge paternaty even though you are willing to pay back support. So that is your first step and they will be able to tell you exactly what steps you need to take after that if you will even have a case.

ScottGem
May 4, 2008, 05:07 PM
As pointed out it is likely you are on the outside. Many states have laws that state that if a there is a husand who signs the birth certificate he is the legal father unless a challenge to paternity is made by the bio father. But that challenge has to be made within a reasonable amount of time. And 13 years is not a reasonable amount of time. The fact is that the hisband is most likely NOT a stepfather but the tue and actual legal father.

I don't know if the child has been informed of this yet. If he hasn't, they you should walk away. If you care anything for this child, then do you really want to upset him by turning his life upside down?

As for the back support, try putting yourself in his place. Would you sell your child for $80K?

Fr_Chuck
May 4, 2008, 05:20 PM
Well first you can not legally force them to change the child's name no matter what you do.l so the name change is just not going to happen.
Since you were not married, even if she did not have the husband, if she did not allow you to sign the birth certificate she is free to name the child.

Next if you are in the US, it will just depend on what state you live, in some states you will not be allowed to even apply in court for this, since you have waited too long, in others you will be able to file for a DNA test to prove you are the father and then have visits rights an a obligation to pay child support.

JohnJohns
May 4, 2008, 05:32 PM
I think that all three adults in this situation should come to an agreement as to what is best for the CHILD, not what is best for the adults, or what the adults WANT.
Yes-but I think the best for the child is to have his real father-ME!

As for the back support, try putting yourself in his place. Would you sell your child for $80K?
No I wouldn't/If it is my child/, but my son is not his.

Next if you are in the US, it will just depend on what state you live, in some states you will not be allowed to even apply in court for this, since you have waited too long, in others you will be able to file for a DNA test to prove you are the father and then have visits rights an a obligation to pay child support.
I am in Tn.

ScottGem
May 4, 2008, 06:13 PM
Yes-but I think the best for the child is to have his real father-ME!

Sorry, but you are NOT his "real" father in any interpretation of the term. You may be his biological father, but his "real" father was the person who changed his diapers, wiped his nose, played catch with him, applauded at his school plays, etc, etc. I understand that, through no fault of your own, you weren't given the opportunity to do these things. But that doesn't change the facts.

That you would even think that the best interess of the child would be served by turning his life upside down and taking him away from the person he has known as dad for 13 years, shows that you aren't thinking straight. That you are self centered and care more about you than the child. I suspect that you may not have any other children, and see this as your chance to be a father. But that doesn't even begin to consider the child.


No I wouldn't/If it is my child/, but my son is not his.


Again, he's NOT your son. He may be your biological offspring but he's not your son. He's the son of the person who has raised him for 13 years. You need to get that into your head. Hopefully, when you discuss this with your attorney, that he tells you what we did so you don't screw up this boy's life.

Fr_Chuck
May 4, 2008, 06:50 PM
I guess I should have said, the state where the child and mother is,
Since that is most likely the state law you will have to file under.

Assuming she is in TN also, yes you can still file for your rights as a father.

GV70
May 4, 2008, 10:43 PM
TFS:
36-2-304. Presumption of parentage. —
(a) A man is rebuttably presumed to be the father of a child if:
(1) The man and the child's mother are married or have been married to each other and the child is born during the marriage or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(2) (A) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and the mother's husband file a sworn answer stating that the husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. If an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action.

36-2-306. Statute of limitations. —
An action to establish the parentage of a child may be instituted before or after the birth of the child and until three (3) years beyond the child's age of majority. The provisions of this chapter shall not affect the relationship of parent and child as established in § 31-2-105.
[Acts 1997, ch. 477, § 1.]


IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
March 21, 2006 Session
IN RE: T.K.Y.
The parentage statute includes the following definitions:
(1) “Child born out of wedlock” means a child born to parents who
Are not married to each other when the child was born;
“Father” means the biological father of a child born out of
Wedlock;

(5) “Parent” means the biological mother or biological father of a
Child, regardless of the marital status of the mother and father;
Tenn. Code Ann. § 36-2-302 (2005). Thus, under the definition of “father” in the parentage statute,whomever is the biological father of a child is the child’s father.
Id. § -302(3). Likewise, a “parent”
Under the parentage statute is the biological mother or biological father. Id. § -302(5). A biological
Parent is only denied the status of “father” or “mother” if his or her parental rights have been terminated. Id. § -302(6)

GV70
May 4, 2008, 10:49 PM
Sorry, but you are NOT his "real" father in any interpretation of the term...Again, he's NOT your son. ...

According to TN law and Court practice if a child born to a married woman but the husband was not BF , the child 'IS BORN OUT OF WEDLOCK' and he has 15 years to claim his paternity. I am sure he will prevail.

GV70
May 4, 2008, 11:30 PM
Synopsis of In re T.K.Y./SUPREME COURT OF TENNESSEE/

Mr. and Mrs. Y.1 have been
married since 1988. In November 1996, Mrs. Y. began an extra-marital affair with Mr. P. In January 1997, Mrs. Y. discovered that she was pregnant.

...

The/Juvenile/ court then conducted a best-interests analysis and found that termination was in the best interests of T.K.Y. because the child was “in a safe environment and safe home,” and because Mr.Y. had “established a meaningful relationship” with the child and was able to provide financially for the child. Finally, the juvenile court noted that Mr. Y. “has demonstrated a stability and a perseverance that the Court feels is highly commendable and will have a long-term positive impact on [T.K.Y.].”
...

Seventeen months after the juvenile court decision, on September 2, 2003, the Court of Appeals reversed and remanded. In re T.K.Y. No. M2002-00815-COA-R3-JV, 2002 WL 1733583(Tenn. Ct. App. Sept. 2, 2003). The Court of Appeals reasoned that in light of the Supreme Court's decision in Jones v. Garrett, 92 S.W.3d 835 (Tenn. 2002), the juvenile court had erred in terminating Mr. P.'s parental rights without first adjudicating his parentage petition.


...
On remand, in April 2004, seven months after the Court of Appeals reversed, the juvenile court held a trial to determine Mr. P.'s parentage action. Mr. and Mrs. Y. contested the petition.Although they acknowledged that Mr. P. was the biological father, they argued that because Mr. Y.was married to Mrs. Y. and held T.K.Y. out to the world as his natural child, he had an equivalent claim to fatherhood. Following the April 2004 trial, the juvenile court ruled that Mr. P. was the “legal father” of T.K.Y.Mr. and Mrs. Y. again appealed. On February 10, 2005, the Court of Appeals reversed the Juvenile court's determination that Mr. P. was the child's legal father.Court of Appeals reasoned that both Mr. Y.and Mr. P. were “armed with a rebuttable statutory presumption of parentage.” Mr. Y. was married to Mrs. Y. the mother at the time the child was born, and he has received T.K.Y. into his home and held the child out to the world as his natural child. See Tenn. Code Ann. § 36-2-304(a)(1), (4). Mr.P. on the other hand, had been shown through genetic testing to be the child's father to a 99.95% probability. See id. § -304(a)(5). According equal weight to the presumptions, the Court of Appeals resolved the dispute in favor of Mr. Y. by balancing the stability of T.K.Y.'s family environment,the strength of his relationship with Mr. Y. and the fact that Mr. and Mrs. Y. have been his sole source of financial support against Mr. P.'s lack of relationship with the child and his lack of actual support of the child.
... Supreme Court Analysis
B. Determining the “Legal Father”
Next, we consider the question of who is T.K.Y.'s legal father. Unlike the parentage statute,the adoption and termination statutes are not concerned solely with identifying a child's biological father. Rather, the statutes provide a framework for determining the legal father of a child. A legal father's rights may only be terminated pursuant to statutory procedures. See Tenn. Code Ann. § 36-1-113 (2005)
The legal father may or may not be the biological father of a child. The adoption and termination statutes contain these definitions:
“Biological parents” means the woman and man who physically or genetically conceived the child who is the subject of the adoption or termination proceedings.. .
Conclusion

Mr. P. is undisputedly the biological father of T.K.Y. Having so held, the juvenile court was required by the statutory scheme to declare him the legal father as well. Mr. P. is T.K.Y.'s legal father...

JudyKayTee
May 5, 2008, 05:38 AM
Hello everyone!
Fourteen years ago I had a brief affair with a married woman. I newly discovered that I am the father of her the only son who was born thirteen years ago/ don't ask me how/. She is still married to her husband.He was mislead to think that he was the father and he is listed as my son's father in his birth certificate.I am thankful to him for all his care . Now I want to be my son's legal father,to change his last name to mine and to have custody rights.Also I am willing to pay back child support.
I tried to talk to them but the husband said he was distressed about the news, and he would feel humiliated himself if he had to explain all to his relatives and friends.He doesn't want to cooperate.He doesn't want to understand that he is a step father only and he can get about $ 80,000 as back child support.
I need your advice where to start my action.I am in Tennessee.
Thank you!


Good legal advice so I'll skip that - have you done DNA testing? Are you prepared to prove you are the biological father? I'm confused by the affair 14 years ago and the son 13 years ago "don't ask me how" comment. Don't the dates line up?

(As far as the "stepfather" not understanding he can get about $80,000 as back child support - I guess he's not willing to sell someone he has treated as his son for $80,000.)

So go to Family Court and start your action -

ScottGem
May 5, 2008, 05:55 AM
Thanks GV. So TN laws are more favorable to the bio father! What if the mother lives in another state? Especially if she lived there at the time of conception and birth? Would the l;aws of that state apply or would the laws of the bio father's state apply?

According to what you researched (great job btw), the OP would have a case. Even though this is the law board, what about the best interest of the child in this situation? My vote is that it would not be in the best interests of the child to pursue a change in parentage.

GV70
May 5, 2008, 06:42 AM
Thanks GV. So TN laws are more favorable to the bio father! What if the mother lives in another state? Especially if she lived there at the time of conception and birth? Would the l;aws of that state apply or would the laws of the bio father's state apply?

According to what you researched (great job btw), the OP would have a case. Even though this is the law board, what about the best interest of the child in this situation? My vote is that it would not be in the best interests of the child to pursue a change in parentage.
Repost:
Scott, the paternity questions incl. biofathers v. marital/acknowledged,adjudicated and etc./ fathers are solved in three ways and all depend on the states law.In Alabama,California,Florida,Georgia,Iowa,Michigan,O klahoma,Pennsylvania,Texas,Kentucky
And Wisconsin it is impossible to the biofather to assert his rights if a child was born
And live in intact family and the mother and the marital /acknowledged/father resist to his claims.Other states adopted UPA/ the Uniform Parentage Act/ with some differences.The UPA allows biofathers to assert their rights but there is statutes of limitation - usually from 1 to 5 years after child was born.It has cognisize in Arkansas,Colorado,Illinois,Minnesota,New Jersey,New York,Washington , Massachusets, and etc.and some of these states have to weight presumptions where two competing / marital and biological / fathers are and the best interest of child controls these presumptions.

The third part of states are adopted the biological imperative.If the biological father is
Proven he stays as a biological and also as a legal father without matter when,where and
Why he asserted his rights and without the marital status of the mother also without to
Allow the husband to have an opportunity to defend the marital presumption.These states
Are Connecticut,Indiana,Maine,Mississippi,Ohio,Tenness ee.In these states the biological father can assert his right at any time.


According to what you researched (great job btw).
Wow-you can give me 'GREEN':D :D


Even though this is the law board, what about the best interest of the child in this situation? My vote is that it would not be in the best interests of the child to pursue a change in parentage.
In Connecticut,Indiana,Maine,Mississippi,Ohio,Tenness ee the best interest of the child is irrelevant to paternity disputes./The Mississippi Supreme Court determined in May 2006 that a court can not consider a child's best interests when a father requests a DNA paternity test./

froggy7
May 5, 2008, 07:29 AM
TFS:
36-2-304. Presumption of parentage. —
(2) (A) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and the mother's husband file a sworn answer stating that the husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action.


Wouldn't this part stop the bio-dad's petition? Although it does seem to conflict with the other part you had below.

GV70
May 5, 2008, 07:33 AM
Wouldn't this part stop the bio-dad's petition? Although it does seem to conflict with the other part you had below.
No.
They had to do it till child's first birthday.BTW the goal of 36-2-304(2) is to preserve the families from false claims.

GV70
May 5, 2008, 01:44 PM
36-2-304.(2) (A) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and the mother's husband file a sworn answer stating that the husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action.


In the event that an action is dismissed-... and what about if an action IS NOT dismissed... Can you guess what will happen to the mother after that?

JohnJohns
May 6, 2008, 02:03 PM
I suspect that you may not have any other children, and see this as your chance to be a father. But that doesn't even begin to consider the child.

Wrong! I have two children- a daughter /18/ and a son /16/. They are trilled to meet their brother.
I had an appointment with an attorney. I was told I had all rights as GV70 stated his case.

JudyKayTee
May 6, 2008, 02:53 PM
Wrong! I have two children- a daughter /18/ and a son /16/. They are trilled to meet their brother.
I had an appointment with an attorney. I was told I had all rights as GV70 stated his case.


Please come back and let us know how it works out.

ScottGem
May 6, 2008, 05:50 PM
Ok, then I don't understand why you care so little about this other child. While GV is right about TN law, does the other family live in TN too? I hope not, because I think TN law is not family friendly in this case.

JohnJohns
May 6, 2008, 08:11 PM
Ok, then I don't understand why you care so little about this other child. While GV is right about TN law, does the other family live in TN too? I hope not, because I think TN law is not family friendly in this case.
Yes.
They live tn Memphis,TN.

JudyKayTee
May 7, 2008, 05:41 AM
I don't know that it has anything to do with the legal situation but how did all of this come to light and what does your partner say? I'd be a little bit unhappy with you if I had been the partner at the time and guessing from the age of your other children that appears to be a possibility.

ScottGem
May 7, 2008, 05:42 AM
Too bad. Apparently the law is on your side and will allow you to disrupt and mess with this family. I can only hope the case is assigned to a cxompassionate judge who will understand the upheaval you are causing.

ScottGem
May 7, 2008, 05:46 AM
I don't know that it has anything to do with the legal situation but how did all of this come to light and what does your partner say? I'd be a little bit unhappy with you if I had been the partner at the time and guessing from the age of your other children that appears to be a possibility.

You noticed that too? It would appear that the OP was cheating on his partner with a married woman. Frankly this whole thing smells. To me, it seems we have a very self centered person who wants things his own way and be damned to how adversely it affects anyone else.

JudyKayTee
May 7, 2008, 07:17 AM
You noticed that too? It would appear that the OP was cheating on his partner with a married woman. Frankly this whole thing smells. To me, it seems we have a very self centered person who wants things his own way and be damned to how adversely it affects anyone else.


I'm not getting it, myself - I see this just spinning out of control. And I know it's the law but...

There's the child who suddenly finds out his mother lied to him for years about his paternity, perhaps he finds fault with the mother for betraying the stepfather; then you've got the stepfather who was lied to by the mother, also for years. Maybe he knew about the affair, maybe he didn't, but it appears he didn't know about the child. Then you've got the stepfather who now realizes that the mother was sleeping with both him and the blood father during the same period (which must be the case if he believed he was the father). Then you've got the stepfather's family which may not have known about the affair but sure knows about it now. Then you've got the blood father's children who find out their father had a relationship with a married woman - and I have no idea what his status was.

And for some reason the mother did not want the blood father involved in the child's life. Again - how did this come to light now?

Sad all the way around. I see lives upset and perhaps broken. This is why justice wears a blindfold.


Perhaps this has turned into a moral issue but I see it as a legal issue which is going to adversely affect a lot of people.

And then you've got the blood father and whatever his relationship was to his partner at the time.

ScottGem
May 7, 2008, 07:49 AM
Judy, I totally agree with you. The main thing w don't know here is who knows what. We know that the bio mother and her husband know. We know that bio father and his other offspring know. But we don't know who else knows. We don't know if the 13 yr old knows, we don't know if anyone outside the 5 people I listed know.

But what we have is several families that may be ripped apart because of the OP not caring who he hurts.

oneluv4you
May 7, 2008, 08:10 AM
Hello everyone!
Fourteen years ago I had a brief affair with a married woman. I newly discovered that I am the father of her the only son who was born thirteen years ago/ don't ask me how/. She is still married to her husband.He was mislead to think that he was the father and he is listed as my son's father in his birth certificate.I am thankful to him for all his care . Now I want to be my son's legal father,to change his last name to mine and to have custody rights.Also I am willing to pay back child support.
I tried to talk to them but the husband said he was distressed about the news, and he would feel humiliated himself if he had to explain all to his relatives and friends.He doesn't want to cooperate.He doesn't want to understand that he is a step father only and he can get about $ 80,000 as back child support.
I need your advice where to start my action.I am in Tennessee.
Thank you!
A parent in my opinion is the one who takes care of the child and is there when the child needs him/her during the early years. If for any reason during the 13years you had tried to talk with the mother in getting the child, then it is a different story... besides, do not try to distabilize a functioning family with your selfishness and inconsiderateness. You were just probably a fling anyway, and who even told you the child is yours?? The woman must have been crazy to even disclose that, if she wanted to keep her family! Please do not get the child tangled into this mess. Keep on going and look for a wife withwhom to have a family. MOVE ON!

MysteriousGrl
May 7, 2008, 08:22 AM
WOW! How lucky I am to fumble upon this. I was this son, only I was 16. I say you need to be in your son's life. Until you have been in this situation no one else will understand. I loved the man I thought was my dad and he was there for me through everything.. he still is... only now I have 2 fathers... it's just like being adopted you love your family that adopted you but there's always that bond with your biological parents. You should take it VERY SLOW and not push too much. Just ask to spend a day with your son and do things he enjoys. The step-father who has raised him will soon begin to come around and see that your son wants you in his life. I know I'm so glad my biological father wanted to have a relationship with me. The most important thing is to not rush it, let your son have time to process all this as 13 is a delicate age. Trust me if you offer to be there for him and give him time... he will come around... I think it's very important to know your biological parents because a lot of your feelings or health issues can result from them and they could know exactly what your going through. Just give it TIME

JudyKayTee
May 7, 2008, 02:04 PM
WOW!! How lucky i am to fumble upon this. I was this son, only i was 16. I say you need to be in your son's life. Until you have been in this situation no one else will understand. I loved the man i thought was my dad and he was there for me through everything.. he still is...only now i have 2 fathers... it's just like being adopted you love your family that adopted you but theres always that bond with your biological parents. You should take it VERY SLOW and not push too much. Just ask to spend a day with your son and do things he enjoys. The step-father who has raised him will soon begin to come around and see that your son wants you in his life. I know im so glad my biological father wanted to have a relationship with me. The most important thing is to not rush it, let your son have time to process all this as 13 is a delicate age. Trust me if you offer to be there for him and give him time...he will come around...I think it's very important to know your biological parents because alot of your feelings or health issues can result from them and they could know exactly what your going through. Just give it TIME


Okay- someone who knows. How did you feel when you found out your Mom had had an affair and had lied to you and your stepfather for years, your father had lied to his partner? Did you resent that your mother lied to your stepfather? Did it change your opinion of her and ultimately of yourself?

I agree - a child can never have too many people who love him. Other than that... well, I question what any of this does to a family or how this "fact" has suddenly become public.

Those are my concerns.

MysteriousGrl
May 8, 2008, 05:09 AM
My mom really did not lie to my step-father because she was not in a seriously relationship with eithe man when she became pregnant. My stepfather who I still call dad was man enough to know she needed help and he loved her so he married her and was my dad for 16 years no questions asked if I was his

ScottGem
May 8, 2008, 05:40 AM
My mom really did not lie to my step-father because she was not in a seriously relationship with eithe man when she became preg. My stepfather who i still call dad was man enough to know she needed help and he loved her so he married her and was my dad for 16 years no questions asked if i was his

Ahhh so this is not the same situation. Your mom did not betray your dad by having an affair with another man. Your "step" dad, was aware of the possibility that you weren't his. You were also older and bit more mature when the truth came out.

I stand by my position that the OP here is being inconsiderate and selfish by disrupting this family's life.

JudyKayTee
May 8, 2008, 05:45 AM
Ahhh so this is not the same situation. Your mom did not betray your dad by having an affair with another man. Your "step" dad, was aware of the possibility that you weren't his. You were also older and bit more mature when the truth came out.

I stand by my position that the OP here is being inconsiderate and selfish by disrupting this family's life.


You beat me to it - in this case the woman was having with sex with two men, the one who married her knew he wasn't the father. Not the same at all.

On this one, also, I wonder how the situation came to light.

GV70
May 8, 2008, 08:47 AM
WOW!! How lucky i am to fumble upon this. I was this son, only i was 16. I say you need to be in your son's life. Until you have been in this situation no one else will understand. I loved the man i thought was my dad and he was there for me through everything.. he still is...only now i have 2 fathers... it's just like being adopted you love your family that adopted you but theres always that bond with your biological parents. You should take it VERY SLOW and not push too much. Just ask to spend a day with your son and do things he enjoys. The step-father who has raised him will soon begin to come around and see that your son wants you in his life. I know im so glad my biological father wanted to have a relationship with me. The most important thing is to not rush it, let your son have time to process all this as 13 is a delicate age. Trust me if you offer to be there for him and give him time...he will come around...I think it's very important to know your biological parents because alot of your feelings or health issues can result from them and they could know exactly what your going through. Just give it TIME
It would be a good advice but...
You assume the family will remain as an intact family. I have see a slim chance here.
The second difference - your"dad" has ever known about he was not your BF.The action against him was initiated by you and your mother.Here the intruder is outside the family.

JohnJohns
May 16, 2008, 11:16 PM
06/29/2008

ScottGem
May 17, 2008, 04:26 AM
06/29/2008

Huh?

stinawords
May 17, 2008, 06:59 AM
Yes, please explain the date.

JohnJohns
May 17, 2008, 12:35 PM
Yes, please explain the date.
June 29 is the 180th day of the year (181st in leap years) in the Gregorian calendar. There are 185 days remaining until the end of the year.

1880 - France annexes Tahiti.
1972 - The U.S. Supreme Court rules the death penalty could constitute "cruel and unusual punishment".
2002 - U.S. Vice President Cheney, serves as Acting President for two and a half hours, while President George W. Bush undergoes a colonoscopy procedure.
2007 - Apple Inc. released the iPhone for the United States market


2008-MY VICTORY;)

JudyKayTee
May 17, 2008, 12:43 PM
[QUOTE=JohnJohns]June 29 is the 180th day of the year (181st in leap years) in the Gregorian calendar. There are 185 days remaining until the end of the year.

1880 - France annexes Tahiti.
1972 - The U.S. Supreme Court rules the death penalty could constitute "cruel and unusual punishment".
2002 - U.S. Vice President Cheney, serves as Acting President for two and a half hours, while President George W. Bush undergoes a colonoscopy procedure.
2007 - Apple Inc. released the iPhone for the United States market



Please explain the explanation - ?

GV70
May 25, 2008, 12:03 AM
My point of view.ONLY!!


Marriage provides fathers with parental rights.Children need two parents! We must have a rebuttable presumption for shared parenting for the parents of a marriage and for two unmarried parents. We also must have limits on no-fault/unilateral divorce when children are involved.
A pertinent question for the question posed above is this: are men more inclined than women to adopt a strategy of quantity (have more children with more partners) over quality (have fewer children and help raise them in a two-parent family)?
If the law wanted to encourage marriage and two-parent families, then the father in the scenario above would have inferior parental rights to the mother.
The purpose of child support must be publicly debated. Currently, the law provides women with financial incentives to have children with more than one man. This could be changed
There are plenty of unmarried gigalos who specialize in fooling around with married women because they think it's a safe bet. They want the fun without the responsibility. They think they won't get tagged for child support (which is true in many states). I have no empathy for men who predate on marriages in this manner. They are jerks of the worst kind — because they do not respect the marriages of other men.
Within the realm of men's rights (husband vs. interloper), the court properly HAS TO stand up for the right of the husband not to have a known interloper becoming a third parent and third partner in the marriage, thus providing access for the jerk to continue the affair with the wife at the husbands constant expense.'
It was not long ago that interloping was a criminal offense. It should be a criminal offense against the sanctity of marriage for any man or woman to interfere in the marriages of others. Since we are too permissive to protect marriage meaningfully …

Men acquire the status of a “REAL” father only through marriage to the child's mother. Because you have no nature right to participate in the upbringing of this child you want the courts to create a special civil right for fornicates and adulterers that, if granted, would further undermine state protection the grand institution of marriage.
“Children have a right to know where they came from and they have a right to have both biological parents participate in their lives.” What authority confers such a right to child?The presumption of paternity is not archaic and out of touch with the world we live in. The laws relating to the presumption of paternity are founded on sound public policy. The state has vital interest in preserving families. If you believe presumption of paternity is archaic then you must also believe the institution of marriage is outdated and should be cast aside. A marriage without presumption of paternity is no marriage at all.
I do not claim that marriage gives a man a “legal” right to be a father. Marriage gives man a God given right (a right higher than a legal right) to be the natural guardian of his children, to the exclusion of all others, including the mother. No court order is necessary for a married man to exercise authority over the members of his family. He acquires that right by marriage.
Marriage confers to the man the statuses of husband and head of house and to the women the status of wife. The rights and obligations of a husband and wife are not identical, no matter what the feminists and socialists in this country want us to believe.
You may ask ,: “ How many children currently have as many as four via divorce and remarriage of their birth parents? "
In did not say a child couldn't have more than two step-parents (step-parents may have a moral obligation but they do not have a legal obligation to support their step children). Even you must agree that a child does not have a right to step-parents—that would be utterly absurd. You are not a step-parent. The head of this family, the husband, did not invite you to become a member of his family. Step-parents are introduced into children's lives through marriage not adulterous affairs.
Natural guardianship is the key to understanding the perceived lack of men's rights. Feminists, and other special interests groups, i.e. lawyers and bankers, have introduced chaos in place of natural family order through incremental injections of child welfare legislation into state domestic relation code.
People, including children, are not property. This child is not the property of either the husband or wife. Nor is this child your property. My philosophy agrees with the U.S. Supreme Court case Michael H. v. Gerald D. 491 U.S. 110 (1989).
With the advent fairly recently of DNA testing, we have forgot that providing reproductive gametes is not necessarily what determines legal parentage, or is in fact sufficient to presume affection, responsibility, or enduring relationship ties. It is unfortunate that in this one area of the law, largely confused by religious and political agendas, and consequent erroneous precepts underlying child support theory, that even as we embrace broader definitions of "family" in some respects, so many legal scholars have simultaneously moved in the inconsistent direction of making unwarranted assumptions that equate legal rights and responsibilities with a tracing of bodily effluence.

focus
Jun 17, 2008, 11:29 PM
Very good