Posted on 11/29/2002 7:08:00 AM PST by Balto_Boy
On Friday, Nebraska's highest court ruled that a man whose ex-wife may have lied to him about being the father of their child cannot sue the woman for fraud and emotional distress. Why not?
IN ANY other realm of the law this would be a classic case of fraud. Robert Day had already been divorced from his wife for six years when he realized he was out of town when she conceived. A DNA test proved with 100 percent certainty that Adam wasn't his. Well Robert Day alleged that mom lied about her due date to fool him.
He had paid child support, medical expenses and even half of his wife's employment-related daycare costs after their divorce. She's since remarried. The court cited a number of psychological studies about the importance of parents bonding with children and held "In effect Robert is saying he's not my son. I want my money back" and that the lawsuit "Has the effect of saying I wish you'd never been born to a child."
No, it says "You lied to me, I want my money back," and the lawsuit has the effect of saying "I wish you hadn't lied and now hope you'll go after the real father for the money you snookered me from me." Look, these cases are difficult and different. If the result would be that the child would suddenly go hungry or lose his home, those special circumstances should matter, but that should be the exception.
The court's opinion focuses solely on public policy. How is it good public policy to encourage a philandering woman to lie? Why shouldn't she at least have to seek out the real father to make him pay?
Can you help me find Santa Claus and the Easter Bunny too?
Correction for you, rum runner,
Wife lied to him.
Fraud.
Kid still his.
Case closed.
I suppose you support other liberal ideas like stupidity or feeling sorry for someone allows them to shirk responsibility or be exonerated for crimes.
Why dont you save it for someone who cares? You dont know me, and suggesting so, proves your own ineptitude.
I think you have overstated your case here. Lots of men get married, stay married, have kids and never have any government agents show up at their door. It's just important to pick the right woman and treat her well. As it always has been.
Why am I not surprised you run away like a chicken, boy.
Some silly people want to suggest that this is some personal agenda of mine, which is just nuts.
The simple fact is; men are at a serious disadvantage these days when it comes to a woman scorned.
With one word, a woman can have a man removed from his home and restrained from it as well, whether he did anything or not.
Now, the courts want men who didnt father children to pay for them, just because they happen to have a buck or two, while ignoring obvious fraud against him.
I dont know why any man would want to take that risk until things change.
When you take responsibility for a child, the child is nothing? Not human? Just an object.
You returm it when you see it is the wrong brand name?
Pathetic, man, pathetic.
Some people know how God sets us apart from the animals. Some (eg rumrunning drunkards of the literal and figurative sort) don't.
I thank you for clarifying your position that a baby one might raise from birth is actually no more than a pair of shoes to you.
It took him six years (or longer) to figure out he was out of town and this wasn't his kid?!!! 'Nuff said.
That's not the case in all states. In my state, if a child is born to a legally married man and woman, the child is legally theirs, and the husband is responsible financially for the child. I don't think that a paternity/support suit can be filed against the biological father in this situation.
CASE NOT CLOSED
Just part of the greater liberal scheme to destroy America by destroying the family.
Ummmm, maybe something like a certificate of marriage, maybe?
This is just another example of what happens to a society when it allows the institution of marriage to become perverted.
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