From Dr. Charles E. Corry, Ph.D., F.G.S.A.:
It is an ancient principle that it is in the best interest of a child to have paternity established and left undisturbed by the courts. Insofar as practical that principle should be obeyed. But that principle was formed on the basis that children were almost always born within a marriage, and that the couple would raise the child together. Obviously that is no longer true but in support of that principle Colorado law at present makes it impossible for a divorced man, or an unmarried man against whom a paternity judgement has been entered to remove the obligation for child support despite DNA evidence establishing he is not the father of the child.
Virtually since incorporation in 2001 the Equal Justice Foundation has been fighting paternity fraud and the courts and child support enforcement agents who support such slavery. We thought that this year might finally see a minor victory by passage of a bill (SB08-183, click here for latest copy) requiring judges to modify or set aside child support obligations when a woman’s adultery or infidelity was clearly established by DNA evidence, or when a man was able to prove the child support enforcement agents had named the wrong individual as the father of a child.
Note, however, that the burden of proof still rests on the man and he is considered guilty, and must pay unless and until he proves his innocence. A trifling detail in today’s family courts, I know, but one that should have some meaning if due process were valid.
With the extensive help of Colorado state senator Shawn Mitchell, who sponsored the bill, SB08-183 was passed through the Senate with only a minor modification that requires payment of a $70 filing fee (page 7, lines 1-12) to balance the cost of the measure.
In the Colorado House the bill was ably sponsored by Rep. Nancy Todd, and with her help and guidance SB08-183 was passed by the House judiciary committee on April 29, 2008.
Unfortunately, (p. 2, line 24-26, & p. 3, line 1-3) the bill was amended to put a time limit of two years to file for a modification of the child support order, which is quite unrealistic as many men don’t find out about the child support order for several years after it is entered, or don’t begin to question the paternity of a child until many years after the divorce.
However, on a positive note the amendments did allow a judge to vacate arrearages (p. 2, line 18-23) although restitution for the fraud is, realistically, not possible.
But in the early hours of May 1st, Representative Bob Gardner, an attorney whose district flanks Fort Carson in Colorado Springs and whose competence is no greater than 99 out of 100 others of his ilk, introduced an amendment during floor debate in the Colorado House that the man could only be freed from his slavery if the judge determines “…it is just and proper under the circumstances and in the best interest of the child.” (p. 2, line 11-13 & p. 4, line 25-27)
One doesn’t have to be deeply involved in the divorce or child support industry to realize Gardner’s amendment guts the bill as it is obviously in “the best interest of the child” for a judge to continue enslaving a man to pay.
The common theme of supporters of paternity fraud is that it is “in the best interests of the child” to enslave a man, any man, to pay a woman child support despite the fact that the man has no biological connection to the child. Their “logic” rests on the absurd idea that a slave will better maintain a “father/child” relationship with a child who has been proven to be the result of his wife’s adultery if he is forced to pay child support to the adulteress. And even if he has no idea, or ever had a relationship with the woman he is indentured to support, he should still be enslaved.
Mr. Gardner, in whose district large numbers of soldiers with two and three, or more tours in Iraq and Afghanistan live, obviously thinks it is fine to support slavery to support the adultery of wives who couldn’t keep their knees together while their husbands were deployed, or girlfriends who found it convenient to blame a trooper in Iraq for her infidelity and inconvenient pregnancy while he was serving his country.
Colorado Rep. Larry Liston was recently criticized for publicly referring to such women as “sluts,” but what else is one to call them? Conversely, Rep. Gardner wants to enslave men to support these women’s slatternly behavior. And anyone at all familiar with cases of paternity fraud is quite aware that the money doesn’t really go to support the child(ren). Instead, all too commonly it goes to support mom’s alcoholism or drug habit, or her new boyfriend’s habits, the hell with the kids whom she has probably farmed out to grandma anyway.
Mr. Gardner has made reference to the ancient tradition that the father of a child is the man the mother was married to when the child was born. At the same time he ignores the ancient law that made adultery a capitol offense, which it still is in many societies. Instead he now condones a financial reward for such trollops and slavery for men who may, or may not have consorted with them.
Then there are the cases where the child doesn’t exist, the man had a vasectomy or was otherwise sterile, was in prison, was at sea or in a war zone, doesn’t even know who the woman is, the child has died or been killed, or the child is in foster care or with grandparents, but Colorado, and most other states still require “child support” to be paid despite genetic and other proof the man is not, and cannot be the father of the child if he or she even exists. Ah, but Mr. Gardner, Esq., would have us believe a judge should be allowed to continue enslaving such men if it is “in the best interests of the child.”
Perhaps whatever passed for a law school that Mr. Gardner attended didn’t require reading the Constitution of the United States of America. Obviously he is unfamiliar with Seciton 1 of the Thirteenth Amendment thereto, which reads:
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
Seems clear enough to me. Now what is required is to remove Gardner’s amendment and the time limit so that slaves have recourse to end their involuntary servitude in the face of clear evidence of their innocence. Even better would be to require courts to demand a paternity test in each and every case where child support is requested, i.e., assume a man is innocent of the obligation until the facts establish he is responsible. That would leave paternity undisturbed and unquestioned unless, and until a woman sought financial reward from a man. Likely that would even encourage marriage and discourage divorce.
And it is never in the best interest of a child to encourage slavery as he may then grow up to be a slave.
Charles E. Corry, is President of the Equal Justice Foundation http://www.ejfi.org/.
Would you believe his Democratic opponent opposes the Gardner amendment? What is this world coming to?
Hello Mr. Parris,
I’m a Colorado Resident who’s involved in a Paternity Fraud case. At present, I’ve lost everything and I’m homeless. Though I do not have a DNA test results to prove I’m not the father, I do have compelling evidence.
It’s always good to know that there are others who believe in logic and truth as opposed to systems and laws that have no merit or need change. I’m at my wits end with what to do in this matter.
It basically seems as though I have nothing to live for. I’ve spoken to case workers at the CSE and it’s clear these individuals are not concerned with Truth and Justice.
If by chance you can provide any information or point me in the right direction I’d greatly appreciate it.
Very Respectfully,
David Badal
I forwarded David’s contact information to a leader in the national Parent’s Rights Movement.
Paternity Fraud affects people from all walks of life, income, and races — it is a non-partisan issue. I was pleased to see Democrats and Republicans work so well together to pass the latest revision in Colorado. As a fellow Republican, I was outraged by Rep. Gardner’s last-minute antics and his illogical position. This revised bill is a start; but as Dr. Correy stated, Gardner’s amendment and the time limit should be removed, and courts should demand a paternity test in each and every case where child support is requested. In addition, those who commit fraud should be punished; and full restitution should be paid to the paternity fraud victims.
David Badal is correct about workers at CSE when he states, “it’s clear these individuals are not concerned with Truth and Justice.” It was CSE and other governmental entities who spoke before the Colorado Legislature IN OPPOSITION to Paternity Fraud truth and justice. In fact, one CSE worker told my son-in-law “it will be a cold day in hell before you get a DNA test.” It is outrageous when our own governmental agencies and so-called representatives support fraud, injustice, and slavery.
My son- in-law’s case is similar to David’s; and like David, “If by chance you can provide any information or point me in the right direction I’d greatly appreciate it.” Also, since you have David’s contact information, please give him mine. Perhaps we can learn and work together.
My name is Etta Hankerson and my passion for justice changed the lives of millions of Americans. I am the first person in the United States of America to win the right to use genetic testing in Court. My historic ruling substantially changed the interpretation of case law allowing the admissibility of generic testing in an American courtroom. In a paternity case I challenged the constitutionally of Virginia’s slave status law and requested the use genetic testing as a method of establishing parentage though the use of the Leukocyte Antigen test. The Leukocyte Antigen Test (HLA) was backed by the World Health Organization and received the support of the American Bar Association.
I endured seven years of litigation and legal discrimination in order that the public would be made aware of the unjust state laws, regarding paternity and child support. It was CBS Evening News anchor Dan Rather report in August of 1978 on the issue of paternity and the use of the (HLA) in courts in Europe that lead me to begin my own intense research into Virginia’s family laws. I became so well informed that I was able to present my attorneys with the evidence used to win my case.
On April 26, 1985, the Virginia Supreme Court issued the monumental ruling on the admissibility of genetic testing and its use as evidence in Virginia courts in the case of Hankerson v. Moody. The Landmark case of Hankerson v. Moody, 229 Va. 270 has lead American courts to recognize deoxyribonucleic acid (DNA) testing as the most credible legalize acceptable evidence used in American courtrooms.
I returned to the Norfolk Circuit located in Norfolk, Virginia for the purpose of collecting child support. As my attorney and I sat in Circuit Court waiting to discuss child support for my daughter, a thought entered my mind. I said to him,” Well, now that genetic testing can be used to inconclusive establish paternity or rule out the exclusivity of the alleged father both men and women can used this test. It is great that men can use it to prove that they are not the father of a women’s child. My attorney surprised me when he stated that men would have to do the same as I had done. When asked what did he mean by that he replied, “ They will have to fight in court just as you did.” Can you believe that? It was very painful to hear. I pain for your guys.
I will always fight PATERNITY FRAUD! I believe in Truth and Justice besides the “Truth Shall NOT BE DENIED”.
Etta M. Hankerson
In this 21st Century of Disease and Developmental Disabilities, most States, in a caveman like approach, work against the best interest of the children with its paternity laws.
Fact: Access to biological family and family health information can make the difference between life and death for a child.
Modern Reality: Children have a right to know the truth about the identity of his/her father, the facts concerning his/her medical history, the circumstances concerning immediate and past ancestry as access to this information can be lifesaving considering treatment of genetic based illnesses, allergies to medicines, and surgical procedures such as transplantation.
15th century knuckle dragging law being applied in the 21st century; It has no place here. States refusing to identify true biological parentage is not in the best interest of children as financial support is just as important as medical support. Misappropriated paternity has a direct impact on states public health.
But as long as there are politicians like Bob Gardner hammering the nails in the coffin of marriage, who knows whether Society will hold up to the strain of injustice. After society fell apart, he would still say, “Your position is not substantive.” Coloradans in House District 21 should send Bob off to find a new job bothering someone else, instead of honest Coloradans.