What Family Lawyers Say About Paternity Fraud

Miles Mason Family Law Group

8 Feb 202213:02

EducationalLearning

32 Likes 10 Comments

TLDRThe video script discusses the complex issue of paternity fraud, where men unknowingly raise children not biologically theirs. It recounts the story of Carnell Smith, who founded Citizens Against Paternity Fraud (CAPF) after discovering he was not the father of a child he had supported for 11 years. The script highlights the legal challenges of delegitimation and the difficulty of severing legal parent-child relationships. It also touches on the emotional bonds that form and the reluctance of some men to sever ties despite the biological truth. The speaker advocates for an affidavit signed by women at childbirth to prevent such fraud and shares insights into the legal and emotional intricacies of these cases.

Takeaways

📜 The speaker has extensive experience with paternity fraud cases and represented a man named Carnell Smith, who founded Citizens Against Paternity Fraud (CAPF).
👨‍👧‍👦 Carnell Smith's case led to the creation of the 'Hoosier Daddy Statute' in many states, allowing men to challenge paternity years after being named as the father.
🤔 The legal issue of paternity fraud is complex for judges because it involves delegitimation, which can be emotionally and legally distressing for all parties involved.
📝 The speaker suggests a solution where women sign an affidavit about the child's father at the time of birth, under oath, to prevent future disputes.
👰 Most paternity fraud cases occur within marriages, where the wife may be less likely to admit infidelity due to fear of losing financial support or damaging the marriage.
🧪 DNA testing has made it easier to determine paternity and has led to the exposure of many paternity fraud cases.
💰 Some states have laws that require men to challenge paternity within a certain time frame after discovering they are not the biological father.
👶 The emotional bonds formed between men and children they have raised, even if not biologically related, often lead to a desire to maintain a relationship despite the truth.
🏛️ The legal system's reluctance to 'bastardize' a child, or remove legal parentage, can make it difficult for men to challenge paternity even when they are not the biological father.
🤝 The speaker is not opposed to non-biological fathers choosing to parent a child, but is concerned about the rights and relationships that are affected by paternity fraud.
📉 The consequences of paternity fraud can be severe, impacting a man's ability to support his actual family due to financial obligations to a child that is not biologically his.

Q & A

What is the term used to describe the legal process of undoing a child's legal parentage?
-The term used is 'delegitimation', which involves severing the legal relationship between a child and their parents, even if they are not the biological parent.
What is the 'Hoosier Daddy Statute' mentioned in the script?
-The 'Hoosier Daddy Statute' refers to laws in many states that allow a man to challenge paternity after discovering he is not the biological father of a child, even if he had previously accepted paternity.
Why is the issue of paternity fraud particularly difficult for judges?
-Judges find paternity fraud difficult because it involves the legal process of delegitimation, which can be likened to 'tearing the skin from the bone' due to the emotional and societal implications of severing a child's legal relationship with their parents.
What is the role of Citizens Against Paternity Fraud (CAPF) as described in the script?
-CAPF is an organization founded by Carnell Smith, who experienced paternity fraud himself. The group advocates for laws to combat paternity fraud and provides support to those affected by it.
What was Carnell Smith's personal experience with paternity fraud that led him to found CAPF?
-Carnell Smith was falsely identified as the father of a child for 11 years before discovering the truth. After unsuccessful legal battles, he went on to found CAPF and helped pass laws in about half of the U.S. states addressing paternity fraud.
What is the proposed solution to prevent paternity fraud involving the signing of an affidavit at the time of birth?
-The proposed solution is that every woman should sign an affidavit at the time of birth, under oath, stating who the father of the child is. This is suggested as a preventative measure to avoid paternity fraud.
Why are most cases of paternity fraud found within married couples rather than unmarried ones?
-Most paternity fraud cases occur in married couples because a wife may be less likely to admit to infidelity and the possibility of another man being the father, as it could lead to financial or marital consequences.
What is the significance of the voluntary acknowledgement of paternity form in Tennessee?
-In Tennessee, the voluntary acknowledgement of paternity form is significant because it can be conclusive in establishing paternity. It waives certain rights and is often signed without legal counsel, which can have legal implications if paternity fraud is involved.
How can a DNA test help in cases of suspected paternity fraud?
-A DNA test can help by providing scientific evidence of biological relationships. It can exclude a man as the father without even needing the mother's sample, thus providing clarity in cases of suspected paternity fraud.
What are some of the emotional and societal consequences for men who have unknowingly raised a child that is not biologically theirs?
-Men in such situations can face severe emotional distress and societal stigma. They may also suffer financial burdens from supporting a child that is not theirs, which can impact their ability to support their legitimate family.

Outlines

00:00

😨 Paternity Fraud and Legal Challenges

The speaker discusses their experience with paternity fraud cases, highlighting the story of Carnell Smith who founded Citizens Against Paternity Fraud (CAPF). After discovering he was not the biological father of a child 11 years into a relationship, Smith took the case through various courts, leading to the 'Hoosier Daddy Statute' in many states. The speaker emphasizes the difficulty of delegitimation, where a child's legal parents are redefined, and suggests a solution of requiring affidavits of paternity at birth. They also note the prevalence of paternity fraud in married couples and the availability of simple DNA tests as a means to establish truth.

05:00

🤔 The Complexity of Paternity Fraud and Parental Rights

This paragraph delves into the complexities of paternity fraud, especially in the context of father-child relationships. The speaker shares their views on non-biological fathers choosing to parent and the historical presumption of parentage being tied to the spouse of the mother. They recount cases where men have unknowingly raised children not biologically theirs, often discovering the truth at the time of separation or divorce. The legal struggle that ensues is highlighted, with the speaker expressing empathy for fathers who wish to maintain a relationship despite the revelation.

10:03

😓 The Impact of Paternity Fraud on Men and the Legal System

The final paragraph addresses the severe consequences of paternity fraud on men who have been compelled to support children not biologically theirs. The legal system's reluctance to 'bastardize' a child, or remove legal parentage, is contrasted with the societal and personal ramifications for the men involved. The speaker discusses the difficulty of navigating these cases, especially when considering state laws, birth certificates, and voluntary acknowledgments of paternity, underscoring the emotional and financial toll on the affected men.

Mindmap

Keywords

💡Paternity Fraud

Paternity fraud refers to the act of falsely identifying a man as the biological father of a child when he is not. In the video, it is the central issue discussed, with the speaker sharing experiences of representing clients who have been victims of this deception. The theme revolves around the legal and emotional complexities of such cases, including the societal and legal implications of discovering the truth years after establishing a father-child relationship.

💡Legitimation

Legitimation is a legal process where a child born out of wedlock is legally recognized as legitimate, often by the acknowledgment of the parents. In the context of the video, the term is used to describe situations where parents, who may or may not be biological, have gone through a legal process to be recognized as the child's official parents, which complicates cases of paternity fraud when the truth is later revealed.

💡Delegitimation

Delegitimation is the legal process of undoing legitimation, where a child's legal parents are declared not to be the biological or legal parents. The video discusses the difficulty judges face in these cases, as it involves severing a recognized legal relationship, which is described as 'tearing the skin from the bone' in terms of its emotional and legal impact.

💡Hoosier Daddy Statute

The Hoosier Daddy Statute is a term used in the video to describe laws in various states that allow men to challenge their paternity after discovering they are not the biological father of a child. The speaker mentions that these laws, which originated from a case involving a man named Carnell Smith, provide a legal avenue for men to address paternity fraud.

💡Attorney-Client Privilege

Attorney-client privilege is a legal principle that protects certain communications between a client and his or her lawyer from being disclosed to third parties. In the video, it is mentioned in the context of a court case where the speaker's client chose not to take a blood test based on trust, and the judge's attempt to inquire about this decision was met with the assertion of this privilege.

💡Citizens Against Paternity Fraud (CAPF)

Citizens Against Paternity Fraud (CAPF) is a support group and advocacy organization mentioned in the video, founded by Carnell Smith after his personal experience with paternity fraud. The group works to raise awareness and pass legislation to address the issue of paternity fraud, providing support to those affected by it.

💡DNA Testing

DNA testing is a scientific method used to determine the biological relationships between individuals, such as亲子关系. In the video, the speaker discusses how DNA tests can be used to exclude a man as the father of a child, which is a crucial aspect in cases of paternity fraud. The availability of at-home test kits is highlighted as a means for individuals to establish the truth about their paternity.

💡Affidavit

An affidavit is a sworn written statement of facts that is confirmed by an oath or affirmation. In the video, the speaker suggests that every woman should sign an affidavit upon giving birth, stating under oath who the father of the child is. This proposal is presented as a potential solution to prevent paternity fraud.

💡Bastardization

Bastardization, in a legal context, refers to the act of making a child illegitimate. The video discusses the legal system's reluctance to bastardize a child, meaning to remove the legal status of having two parents, which is a significant consideration in cases of paternity fraud where the biological father is not the legal father.

💡Voluntary Acknowledgement of Paternity

Voluntary Acknowledgement of Paternity is a legal form that a man may sign to acknowledge that he is the biological father of a child, thereby taking on parental rights and responsibilities. The video mentions that in some states, signing this form may have conclusive legal effects, which can be problematic in cases of paternity fraud.

💡Child Support

Child support is the financial support paid by a non-custodial parent to a custodial parent for the upbringing of a child. In the video, the issue of child support is highlighted as a significant consequence of paternity fraud, where men may be forced to pay for the care of children who are not biologically theirs.

Highlights

Carnell Smith founded Citizens Against Paternity Fraud (CAPF) after discovering he wasn't the father of a child he supported for 11 years.

Paternity fraud cases often involve married couples, where the spouse may lie about paternity to protect financial or marital interests.

Many states have laws allowing men to contest paternity if they later discover they are not the biological father, known as the 'Hoosier Daddy' statutes.

Some states require men to challenge paternity within a few months of discovering they are not the biological father.

The emotional and legal complexities of delegitimating a child can be akin to 'tearing the skin from the bone' for judges.

A simple $300 DNA test kit can determine paternity without the mother's involvement.

In one case, a judge ordered a woman to reimburse $1,000 a month for 55 months and pay $25,000 in fees for covering up paternity fraud.

Paternity fraud can significantly impact men, potentially ending their ability to support their legitimate families.

Courts historically aimed to avoid bastardizing children to prevent lifelong status ramifications.

Many men, despite discovering non-paternity, choose to continue parenting due to strong emotional bonds with the child.

In some cases, men want to sever legal relationships with a child after discovering paternity fraud, leading to complex legal battles.

The voluntary acknowledgment of paternity forms, often signed without legal consultation, can complicate later challenges to paternity.

Paternity fraud can disrupt a man's financial stability, forcing them to support children that aren't biologically theirs.

Despite DNA testing, legal systems are slow to adapt, often prioritizing the child's legitimacy over biological facts.

CAPF provides support and advocacy for men affected by paternity fraud, helping them navigate complex legal systems.

Transcripts

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Takeaways

Q & A

What is the term used to describe the legal process of undoing a child's legal parentage?

What is the 'Hoosier Daddy Statute' mentioned in the script?

Why is the issue of paternity fraud particularly difficult for judges?

What is the role of Citizens Against Paternity Fraud (CAPF) as described in the script?

What was Carnell Smith's personal experience with paternity fraud that led him to found CAPF?

What is the proposed solution to prevent paternity fraud involving the signing of an affidavit at the time of birth?

Why are most cases of paternity fraud found within married couples rather than unmarried ones?

What is the significance of the voluntary acknowledgement of paternity form in Tennessee?

How can a DNA test help in cases of suspected paternity fraud?

What are some of the emotional and societal consequences for men who have unknowingly raised a child that is not biologically theirs?