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Why men should be able to sue women who lie about who's the daddy
JWR ^ | Nov. 27 , 2002 / 22 Kislev, 5763 | Dan Abrams

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?


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To: Dutch-Comfort
Shouldn't she also be required to carry said baby to term? Not fair if he wants the baby and she decides to get an abortion.

At a minimun, she should be required to get the father's permission, in writing, if she wants an abortion or wants to put the baby up for adoption. Either the baby is 50-50 or all bets are off.

41 posted on 11/29/2002 8:42:19 AM PST by robertpaulsen
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To: MissAmericanPie
Nice post, #16.

I have advocated the prison term for lies about rape myself. Excellent to see someone else has an understanding of Justice.

42 posted on 11/29/2002 8:44:16 AM PST by DAnconia55
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To: BuddhaBoy
Just say no, Men.

My, my, you are naive. Men haven't said no since Eve gave the apple to Adam and you'll never change it.

43 posted on 11/29/2002 8:50:33 AM PST by shiva
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To: FITZ
This wouldn't work. Two people cannot conspire to take away the rights of a third (the newborn). The child is entitled to financial support.

IMO, it should be the biological father and mother unless other arrangements are sanctioned by a judge (ie, adoption, foster parents, etc.).

44 posted on 11/29/2002 8:50:46 AM PST by robertpaulsen
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To: Gunrunner2
I see you miss the point altogether.

A child you raise is not a pair of shoes.

It's not something to return if you find out you've got the wrong one by mistake.

I think you get it and actually are getting the point.

45 posted on 11/29/2002 9:01:01 AM PST by tallhappy
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To: Balto_Boy
Have any of you read this little piece of info?

http://webmd.lycos.com/content/article/1728.56699

Men Liberation!! Men will soon be burning their jock straps.

46 posted on 11/29/2002 9:01:47 AM PST by shiva
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To: Clara Lou
Why not make it the man's responsibility to have her sign the paper.

Because the law assigns custody rights to the woman. Rights and responsibilities should go together.

47 posted on 11/29/2002 9:06:44 AM PST by inquest
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To: WarEagle
"In my state, if a child is born to a legally married man and woman, the child is legally theirs"

So to be fair, if I'm married and have an fling with some other women, the offspring should be the responsibility of my wife? It should be legally hers because she is married to me?
48 posted on 11/29/2002 9:11:38 AM PST by babygene
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To: Momaw Nadon
Oh man, you better hope you have your Nomex coveralls on, 'cause you could get flamed big time for a comment like that (although I'm in full agreement with you!). Whatever you do, don't mention prenutual agreements...you'll be skinned alive!

Scouts Out! Cavalry Ho!

49 posted on 11/29/2002 9:15:07 AM PST by wku man
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To: tallhappy
" A child you raise is not a pair of shoes."

I suspect from the way you are talking, you have been in this situation... SUCKER!
50 posted on 11/29/2002 9:15:20 AM PST by babygene
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To: inquest
If a man wants the right to enjoy obligation-free fornication, it should be his responsibility to have the paper signed. Get it? Right... responsibility...
(Actually, it makes no difference. Either of the two fornicators pulling out a legal document to be signed would put an end to an awful lot of fornicating. Nothing like a little cold, hard reality for putting an end to the mood.)
51 posted on 11/29/2002 9:16:30 AM PST by Clara Lou
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To: robertpaulsen
Two people cannot conspire to take away the rights of a third (the newborn).

That's true. I guess it comes down to DNA testing if there is any question of who the father might be. If the mother is sleeping around, she's likely to choose the one with the highest salary instead of the one she knows is the father, if she's sleeping around a lot, she really may have no clue.

52 posted on 11/29/2002 9:16:35 AM PST by FITZ
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To: Balto_Boy
Why men should be able to sue women who lie about who's the daddy

You mean they can't?

If not, that is a perfect illustration of the distinction between a "moral" law and a "Legal" one.
We've collectively been run over by lots of immoral laws and people are getting really pissed!

53 posted on 11/29/2002 9:16:49 AM PST by Publius6961
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To: babygene
if I'm married and have an fling with some other women, the offspring should be the responsibility of my wife?

I know a woman who has a child from an affair she had with a married man, she sued and won child support. I heard his wife took the 1/4 loss of his income hard ---but not so hard because the wife stayed with the cheater.

54 posted on 11/29/2002 9:18:26 AM PST by FITZ
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To: tallhappy
This man has every right to be outraged. The fair thing to do is to make the mother and biological father reimburse him with interest for his financial support.
55 posted on 11/29/2002 9:19:35 AM PST by Enterprise
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To: babygene
I suspect from the way you are talking, you have been in this situation... SUCKER!
Talk about leaping to conclusions.... Tallhappy sounds curiosly Christian to me-- unlike you, babygene.
56 posted on 11/29/2002 9:20:31 AM PST by Clara Lou
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To: FITZ
Yes, but if she had divorced him (as in this case), she wouldn't have been held responsible...
57 posted on 11/29/2002 9:22:45 AM PST by babygene
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To: Clara Lou
"curiosly Christian to me-- unlike you"

Why would you say that? I didn't leap to a conclusion, I said I suspect...
58 posted on 11/29/2002 9:25:27 AM PST by babygene
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To: 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."

The view of women of America seems to be that if a woman has a baby, then she is ENTITLED to economic support. And she doesn't care who gets the bill, the real father, Society via welfare, or some poor guy she can dupe into believing that it's HIS. She had a baby, and by God, somebody has to pay!

59 posted on 11/29/2002 9:27:11 AM PST by Enterprise
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To: babygene
So to be fair, if I'm married and have an fling with some other women, the offspring should be the responsibility of my wife?

To be fair, this scenario has been the most common by far, until women's liberation freed women to behave as sexually immoral as men. Now that the shoe is on the other foot, it pinches a bit, eh?

60 posted on 11/29/2002 9:29:15 AM PST by Valpal1
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