We have previously discussed rulings where fathers have contested the obligation to pay child support for children conceived in affairs or where they were simply sperm donors. The latest case in Canada involves a man who was ordered to pay child support for three out of four children who were proven not to be his own biological offspring. Indeed, DNA tests found that his ex-wife had the three girls by three different fathers. Only the boy was found to be his biological progeny.
The man and his wife of 16 years separated in April 2010 and he asked for a DNA test. His son aged 9 was found to be his, but his daughters aged 12, 14, and 16 were found to have three different fathers. Those fathers have not been asked to pay child support by the ex-wife.
Source: Toronto Sun
The shame should be on the mother. She needs to explain to her daughters and find their fathers (to support them).Perhaps their fathers could be a better parent. Right on KMYKW – it should be required at birth, just like they make you sign paternity before you can get over the thrill! With DNA there is no excuse anymore. They blood type the baby anyway. Was the non-paternal father kept in the girls lives? If so, who is to say that he will not continue to be – but should not have to pay for another mans child unless he offers to.
This is a hot mess. To absolve the biological parents of any responsibility in this situation seems terribly wrong, as does the rejection by the non-biological father. And of course, the mother was wrong on many counts: infidelity, betrayal, dishonesty, etc. And yet, only the hapless father is bearing any legal consequence. Not fair! And yes, the children will suffer from perceived or real rejection from the father, and from the damage caused by the mother. And they will be conflicted, confused and curious about their biological parents.
No problem Mike A…
I know a family where the mother was married and had three kids who were each in turn fathered by a different boyfried, all the while she was married. When the mom was late in life and the three kids all grown up with kids of their own, mom owned up to the kids. The purpose was to alert them to any genetic problems which they might have. Your father all these years had kleptomania but dont worry, he is not your real dad. Your real dad was a genius. But he had fibromyalgia. And, a big weeny. He was also your cousin. And on it went. How do you explain to your kid that she is second cousin once removed. There was only one insertion.
In other words, check paternity before you sign a birth certificate if the tone of these comments that don’t even criticize the whore, are any indication. It may piss off your “wife” or the mother of the child, but if you’re listed as the father, you will have ZERO rights in the future if she decides that she’d rather be with someone else, so you want to know upfront. Even if you’re not on the birth certificate, you likely will still be forced to pay child support if the children were being raised with you in the picture, but again, at least you’ll know upfront.
Women like the one in this story gives you a good enough reason not to trust any of them. Like Chris Rock said, “Men tell the most lies, women tell the biggest lies… A man’s lie is, ‘I was at Tony’s house.’ A woman’s lie is, ‘It’s your baby.'”
Be a dick upfront. It’s your only defense, apparently…barely.
Thanks, AY. I couldn’t remember the term.
When I first commented I forgot to check the notify box. I missed all the comments that followed and reading them I’d like to be clearer in my opinion. This is a tragic situation. First for the children who were dragged into this case because of the anger of their parents. While that should never occur it happens all too frequently and it becomes very harmful to the kids who are always to be seen as blameless. Now as to the father, no doubt he feels angry and betrayed. However, that doesn’t give him the right to take it out on HIS children. The fact is that if you raise a child as its parent the genetics mean nothing compared to the love and bonding you’ve experienced. I know this for a fact. Now not all parents are capable of feeling that love and bonding. Those that aren’t able to feel the bond of raising a child suffer from some emotional problems in my opinion. Parenthood has been the greatest joy of my life and I believe that joy is hardwired into most of us. While this man may be stung by his wife’s betrayal, it has nothing to do with the kids that are his own by right of rearing them.
Mike A,
I believe that this is what they call equitable adoption…. Case law in a few states….
I believe the result in this case was mandated by certain principles of estoppel. As a matter of public policy, a court will not allow a person to permit another to assume a set of facts to be true for a long period of time, and thereafter assert a contrary position when he deems it advantageous to do so. At bottom, estoppel rests on our common sense of intrinsic fairness. This is even more important in a domestic relations setting involving children. The effort of the father in this instance to deny his paternity was extremely cruel.
In states such as Florida, the signing of a birth certificate as the father of a child establishes paternity, even if subsequent DNA testing identifies someone else as the biological father. I believe this is sound policy.
Just another example of scum bag women using Canadian Law to screw every last cent she can out of the guy for her indescretions. Fairly typical female behaviour everywhere when it comes to divorce.
Unfortunately for this guy he lives in Canada because in various other jurisdictions this low life female would not get away with this kind of State sponsored theft.
Canadian Hosers.
In legally backward Florida a child born within wedlock is the responsibility of only the then parents. What a responsible state could do is require the biological father to contribute to the child’s welfare along with the legal parent. To those that berated the father in this story for abandoning the girls he may be willing to share financial responsibility but at the time of an acrimonious divorce no sane person is thinking straight. My ex had her attorney set me up with a sale of our jointly held stocks. Result a felony accusation and complete loss of contact with my eight year old son. She was also monetarily consorting with the Judge Thomas Stringer (look this name up in past blogs if you don’t believe me). So do not take sides in this issue just know that unfair laws can be changed and work like i do to change them.
Humans that is.
I aint humpin any more women.
Think what it will be like for divorce lawyers in about ten years after all of these same sex marriages with adopted kids with sperm donors and all that rot starts to reach the divorce courts in a big drove. Can you just imagine the waiting room outside the courtroom with all of those characters waiting for justice to figure them out. The television shows featuring courts will be focused on them. To this dog and former humanoid who was a lawyer, the divorce end of the sctick was the worst niche one could get into in the legal profession. If I was daddypoo in this instance I would run down the names and addresses of the real fathers and name them as cross defendants. They should all chip in. Take the kids away from the mom tho. Let one of the dads take over custody. Or each dad. If I was none of those kids I would buy mom a gross of good condums. She oughta get fixed. Next thing ya know HumpinDog will be paying support for some kid just because he humped a leg.
OS,
Split infinitive or not, no man is my master let alone this “Hasbro” person responsible for Scrabble. 😉
I wonder if the responses to this story suggesting that fatherhood is in the biological link would be the same if it were the biological father demanding to supplant the presumed father in the lives of the children after a similar period of time. Children are entitled to certainty as to their parents, biological or not. While there might be a basis for not presuming fatherhood for some period immediately after birth, I would have a problem with the law providing that the lack of a biological connection should forever render the father/child relationship open to legal attack. I believe that in California a husband or wife may dispute presumptive paternity based on a demand for blood tests within 2 years of the child’s birth.
The people criticizing this guy instead of the harlot are something else.
They probably separated because he caught her cheating. He probably only requested a paternity test for the same reason. He was probably devastated when he found out they weren’t his. Now he has to pay for someone else’s kids (which they are, regardless of how it was) in addition to his own separate living expenses? Do you know if he can afford that?
You don’t care, like he’s done something wrong.
To him, this is now about the system forcing him to lose to his skank of an ex-wife, not these other men’s kids, as it should be. The fact that she is not required to prove that the real fathers are still alive so that the can pay for their own kids, is borderline criminal.
I wouldn’t care if this guy was forced to pay SOMETHING as long as the mother and the real fathers weren’t let off the hook. That is actually more unfair to everyone, including the kids, than if this guy wasn’t forced to pay.
I have an adopted daughter. She was critically ill when we got her at age 13 months. She had been medically neglected by her biological parents and we stepped in when DCS seized her due to medical neglect. She knows she is adopted. She is bright and although we have not told her everything, and have never bad-mouthed her birth parents, she figured out on her own that they are the kinds of people who give trailer trash a bad name. And that comes with an apology to genuine trailer trash.
No child has ever been loved more. I would literally step in front of a bullet for her. She returns those feelings, with interest. I am a blessed man.
So, he raised the children as his own and acted as their father in all things and in all ways for 12, 14, and 16 years, and NOW he wants to claim he’s NOT the father?
Can you imagine if the mother wanted to terminate his parental rights after divorce based on him not being the biological father? That’d be much more outrageous than this guy having to pay child support for kids that are not biologically, but are de facto, his children.