What rights do victims of paternity fraud have in Massachusetts?
In one important Massachusetts case, the 2001 case of In re Paternity of Cheryl, the court incessantly referred to the victim of paternity fraud as the “father” and then refused to stop making him pay child support. Many opinions berate such victims of paternity fraud who seek redress in courts. One Vermont opinion referred to such a “father” as having “self-serving concern over a child’s biological origins.” Such shockingly calloused opinions have animated some states to pass paternity fraud statutes to assist victims of their wives adulterous relationships. What is paternity fraud? As Judge Maynard of West Virginia’s highest court put it, “Fraudulent conduct exists in every case where a wife gives birth to a child cognizant of the fact that paternity is uncertain, yet remains silent while her husband innocently assumes the care of the child.” Judge Maynard elaborated in a court opinion how extensive the problem is: ”In 1999 alone, almost one-third of 280,000 paternity cases evaluated by the American Association of Blood Banks excluded the individual tested as the biological father of the child. In a period of only one year, that is almost 100,000 men who were falsely accused of being the father of a child which they simply did not father. And that is only one year!”
Since 2001 I have been attending and then leading free legal seminars for the Berkshire Fatherhood Coalition that is open to the public. It initially startled me how often the subject of paternity fraud came up during meetings. Continually, I meet men who believe that they are paying child support for children that are not theirs. Some have DNA test to prove it. While “paternity fraud” has been a catchy topic as of late, as of December 1, 2007, only 10 courts in the United States have actually used the term in an opinion. Nonetheless, a Google Search showed 59,400 hits for the same term on the same date. The lack of use of a term so commonly used in our culture should suggest to one how uncomfortable courts are with not only the term, but the subject.
Currently, we have posted an extensive legal article on the BerkshireFatherhood.com website on the subject of paternity fraud. The article is intentionally extremely detailed, so that someone with a real legal problem can have real insight into the law. Simply go to our legal help section and go to “legal questions,” which is available from the home page and click on the related article. You may also click HERE to read the article. You may also call us at 413-445-6789.
About Rinaldo Del Gallo Rinaldo Del Gallo, III, Esq. is the spokesperson of the Berkshire Fatherhood Coalition, whose website is BerkshireFatherhood.com. He has been practicing family law attorney and has been a member of the Massachusetts bar since 1996. Mr. Del Gallo has handled a wide variety of family law cases including issues of child custody, child visitation, child support, restraining orders, grandparent visitation, contempt of family court, access to academic records, guardianship, allegations of abuse, criminal allegations related to domestic violence, disputes over the care of a child, and care and protection proceedings before the Department of Social Services. For years, he has hosted bi-monthly free legal seminars for people of any gender having problems in family court. On behalf of non-custodial parents, he has had made numerous media appearances in printed news, radio, and television. He has authored numerous family law related articles and columns. He has performed extensive bro bono work for fathers. Attorney Del Gallo also has extensive experience as a civil rights attorney, working in the areas of free speech rights and ballot access. Mr. Del Gallo is also an intellectual property attorney and a patent lawyer, and has written what is regarded as one of the most famous law reviews in the area of patent law, “Are Methods of Doing Business Finally Out of Business As A Statutory Exception?,†that helped end the so-called “business method exception,†which paved the way for an entire field of software and Internet related patents. Attorney Del Gallo graduated from Northeastern University (Boston) with a Bachelor of Science degree in Electrical Engineering, and graduated from George Washington University (Washington) in the top of his three-year class. | More from Rinaldo Del Gallo, III
Stumble It!
December 6th, 2007 at 7:56 pm
The feminist government frequently and consistently supports whores over fathers. Application: stay away from whores and marriage.
December 6th, 2007 at 8:30 pm
once again the courts run and hide when the going gets tough. the whole country talking about paternity fraud being wrong and the judiciary sticks it’s collective head in the sand. lately, just what we have come to expect.
the logical cure for this huge problem, and the only fair option for all children, is automatic genetic testing for all american children, at birth, no exceptions. we have come so far as a technilogical society to ignore a chance to help children in so many ways.
what honest decent person could possibably find fault in telling the truth?
December 6th, 2007 at 9:44 pm
And just what does Judge Maynard of West Virginia’s highest court and all of his other so called Justices do about it?
Sod all.
To the Wall with the lot of them. They corrupt Justice. They deserve no more nor less than an FMJ pension.
December 7th, 2007 at 11:46 pm
Simple solution: scream for the enforcement of the Peonage Law.