Why men should be able to sue women who lie about who's the daddy

JWR ^ | Nov. 27 , 2002 / 22 Kislev, 5763 | Dan Abrams

[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?

[facedown]

Bump

[RGSpincich]

It's the timing. If you want to question paternity, do it in the nine month grace period.

[Ditter]

Lied? Maybe the slut just didn't know.

[RGSpincich]

There is no nine month grace period, merely an excuse to commit murder for selfish reasons.

Don't confuse my statement to mean that I think the pregnancy should be terminated. It is easier to bring valid paternity questions to court if the child is still unborn. The lack of emotional and financial attachment will help set a non-father free.

[FITZ]

Maybe they should start giving child custody to the parent best able to provide and care for the child. It doesn't seem right that any type of woman can expect to get 1/4 to a 1/3 of someone's income for 20 years through fraud.

[BuddhaBoy]

As I keep saying to any man who would listen, that it is CRAZY for a man to marry and have children under our current legal conditions in America.

Once a man's name is on a marriage certificate and/or birth certificate, he will in one way or another end up an indentured servant at the point of a government gun.

Just say no, Men.

[IronJack]

The court opinion is a little meatier than this would lead you to believe. It would behoove folks to read the decision before forming an opinion. Not to say I in any way applaud this ruling; I consider it an abomination. But the court had its reasons for ruling as it did, and the opinion spells them out pretty clearly.

[I_Love_My_Husband]

Women who do this are disgraceful.

But, okay guys, why are you marrying this type of girl? There are a LOT of single women out there, most of them would not act this way.

Find a good girl who is straight edge, doesn't do drugs, drink , smoke and is faithful.

It's not that hard to do.

[Clara Lou]

In my humble opinion, the law should require a woman to get a signed and notarized document from any male that she sleeps with before she sleeps with him that any results of his sperm meeting her egg are his financial responsibility. Without it, she should then have sole responsibility for the results.
That's a mighty convenient solution, isn't it? -- for men, that is. Why not make it the man's responsibility to have her sign the paper. After all, he's the one who wants to avoid being held responsible.

[Gunrunner2]

Wife lied to him.
Kid not his.
Fraud.
Case closed.

[FITZ]

Why not make it the man's responsibility to have her sign the paper.

That might work too. The man who doesn't want to support a child that might result, should present the woman with the paper and have her sign it before they conceive that child stating he will not be financially responsible for it.

[Clara Lou]

The women of America applaud your point of view and fervently hope that you have actually put it into practice in your own life.

[wardaddy]

Men are morally responsible for where they place their seed...tricked or not. Irresponsible men (and women) and the fostering of illegitimacy are in the top 5 of problems in our nation and culture bringing about our ruination.

Sex has consequences for both participants in my view.

[MissAmericanPie]

I think the man should be able to sue for fraud, personal injury, and to get his funds back in this kind of situation.

American justice should go even farther than that, when a woman falsely accuses a man of rape, she should be given the prison time that he would have had to endure.

A person doesn't have to be personally involved to be sick of the double standard handed to men. I have a son coming up and I want to know that he can count on the American justice system to extend him the justice that is his due as an American should he need it.

[tallhappy]

What a creep this guy is. Nice way to treat your kid.

And stupid as a block of wood to boot.

[BuddhaBoy]

Save it, I am talking to men. I dont expect a female to understand. You typically personalize a general statement, in order to deflect. Post to others, dont waste my time.

[advocate10]

IMHO, a man ought to be able to sue a woman for dang near anything! She's there, ain't she? ~8^[

[tallhappy]

You, are obviously, not a man.

A boy, maybe.

I always get a kick out of the weird psychological problems one encounters here.

Fojiao, BOY - an apt name for you.