Quote From: hmccarty1218I am a law student, I have worked and studied in the family law field I have delt with paternity and child support on many levels. The point that was missed is that the most important thing is the child and the court knows this. So after the first two years if the father has not challeged paternity (even if for good reason) the childs interests become more important than the fathers. This is because the court acknowledges that a child is helpless in this situation and deserves to have the life it would have if it had a full and functioning family, and this includes the same financial support. The courts assume that adults have the ability to see this and understand that yes there is injustice but that child should not be punished for the mistakes of adults around them. Therefore the states primary interest is in the child. However, if another father biological or not steps up and claims that they will care for a pay for that child then they can and will be allowed to take over the payments and to care for the child, but that father has to come forward, the courts do not have the resources to track down every childs biologocal father. The only possible solution to this is to require DNA tests on all babies when they are born, but then there would be an outcry of constitutional violations, this is why it is an option everytime a baby is born the parents can opt to have a DNA test but it is not required because this would be unconstitutional. So in the end the main point is that the court sees THE CHILD AS NUMBER 1 priority, and their interests come first.
Enrique should make it his mission to change this ridiculous law. Yes the child should always be priority one, but this is over the top. That this woman, who is nothing more than an adulterous, lying, thief, should profit because of an intention to protect children is sickening.
Re:
"The only possible solution to this is to require DNA tests on all babies when they are born, but then there would be an outcry of constitutional violations, this is why it is an option everytime a baby is born the parents can opt to have a DNA test but it is not required because this would be unconstitutional."
All I can say is, In My Opinion, and with no proof to the contrary, the ACLU has contributed greatly to the demise of our society. It started out as a good intention, but we all know what the road to hell is paved with don't we? It is completely out of control and I believe it needs to be dismantled and rights addressed on individual cases and needs. We actually live in a society wherein a psychotic can decide not to take the medication that may prevent him from murdering his mother, or wandering the streets starving, lest we infringe on his right to choose whether or not he wants to take the medication. Maybe if the morons that thought that was a good idea had to take him home with them and make sure his decisions did not result in harm to anyone things would be different.
I know my opinions are inflammatory and I believe the notion that it's ok to trick a man and child into believing they are biologically related and then giggle as they suffer and I cash his checks should be just as inflammatory if not moreso.
(Original Air Date: 10/29/07) Fraud. lies. conspiracy. They may sound like the latest Washington scandal, but these are allegations of exes at war over child support. Dr. Phil's guests claim they became victims of the perfect crime when they were led to believe they fathered a child that was not biologically their own and were forced to pay. First up, Enrique says he was shocked and angered to discover he was not the father of his youngest daughter, Selina, and that she was conceived during his ex-wife, Maria's, adulterous affair. Maria says he raised Selina but then abandoned her to save money. Why does Maria say Enrique's current wife is to blame for the fractured relationship? Next, 13-year-old Selina speaks one on one with Dr. Phil. Will she decide to let the man she once called Daddy back in her life? Then, Carnell Smith, who uses the online moniker, "Man4Justice," suffered a similar fate to Enrique, and but he fought and won. He says he's tired of seeing women trap men and get away with it. A heated debate ensues between him and feminist attorney, Gloria Allred, who argues that men like Enrique should continue to act as the father ... and continue paying! Talk about the show here.
