Sunday, April 27, 2008

Court Encourages Adulterous Dads to Walk Away

This from the Courier-Journal:

Defining Fatherhood

An adulterous relationship that leads to pregnancy and a child is a deplorable situation that will lead to troubling results. It also apparently is a pathway to twisted legal reasoning.

To wit, Kentucky's Supreme Court has ruled 4-3 that a man who fathers a baby during an affair with a married woman has no legal claim to fatherhood. Instead, the court said, the woman's husband is the legal male parent.

Justice Bill Cunningham, who wrote one of the majority opinions, made clear that a key concern was to defend the status of marriage. But that is a social policy goal. What about the legal interests of the child?

The majority's view would have made more sense in an earlier time, when paternity was hard to determine. However, DNA testing now allows positive identification of the man who has contributed to half the baby's genetic makeup.

As Justice Lisabeth Hughes Abramson correctly noted in a vigorous dissent, denying "inconvenient truths" about who is really the father accomplishes nothing for families, communities or the justice system.

Indeed, the ruling has the capacity for inflicting great harm. It could be used to deny a child contact with one of his natural parents -- something likely to interest a child far more than the mechanics of her mother's marriage.

Moreover, as far as policy goes, the ruling is at odds with efforts to prod men to play a greater financial and emotional role in their offspring's lives.

The court should take a second look at this turkey.

3 comments:

Anonymous said...

I'm the REAL father in the KY Supreme Court case and I respectfully disagree with those who think I should have no rights to custody and visitation with my son. First let me speak briefly on the evidence, there have been 3 DNA tests completed (2 court ordered), the sworn testimony of my son's mother that I'm our son's father, and a Family Court directive ordering that I'm the father. However, the KY Supreme Ct put a stay on the case 3 days after the Family Ct ruling and before it could be written. In addition, I had a relationship with my son for the first 3 months of his young life and provided his mother with child support.

Ok...I admit the affair was wrong but should that bar my son from knowing me and having the opportunity to have me participate in his life? Or is it better for my son to grow up believing a lie? I think it's great that my son's mother's husband is trying to fix their marriage but doing it by deceiving my son isn't the right approach. It's deception that got us into this situation. See the husband is a Louisville attorney and so is his father. Through the actions of the husband no one can guarantee he'll treat my son with love for each time he looks at my son he'll be reminded of the affair and his wife's total lack of respect for him.

My son has a right to know the truth and has a right to have me in his life. Why is it we want to give mothers all the rights to children? Why isn't anyone holding her responsible for our lengthy affair? So I respectfully disagree with the comments and will continue to fight to participate in my sons life, ensure he knows the truth, and support him now and in the future. I refuse to let his mother and her husband trick and deceive my son. I refuse to let them make my son live a life of heartache! Fathers are parents too!

http://www.letmeseemyson.blogspot.com

Richard Day said...

You "disagree with the comments?" It sounded to me like C-J agreed with you that the opinion stinks.

Anonymous said...

principle...

I was only saying that I disagree with those that think I shouldn't be allowed to participate in my son's life, not know to him as his daddy, and that he not be told the truth.

In no way do I disagree with the C-J for their editorial and Wolfson's articles were excellent. I've just been catching a lot of heat from those with Cunninghams viewpoint saying I'm trying to bust up a marriage.

Thanks for taking interest in mine and my son's tragic situation and taking the time to post it.

James