Does Dismissal Of Paternity Suit Violate Child's Civil Rights?

jeno · #1 02-08-2008, 09:27 AM

My mother filed [2] paternity suit[s] against a man who got out of the suits on legal technicalities. The judge dismissed the 2nd without prejudice--plaintiff could file again. Blood test [privately ordered] came back 1 wk after case dismissed [prior to settlement] showing the man not excluded. A settlement was agreed to by my mother and the man for a small sum not to pursue him legally as heir [she agreed for me in this settlement]. It did not speak to paternity--but I don't have the document to know for sure. All I have been able to recover as evidence are the 2 dismissed cases and the blood test.

The settlement was never approved by the court and my paternity was never established. She was also on state assistance at the time and the state was not included in the case as an interested party. According to VT at the time, settlements were allowed and the only time they had to be approved by the court was if the state had an interest--this was not done.

He is listed on my b-cert [mother as informant] and, consequently, VT family court doesn't recognize him as my father. However, Vital Records and Probate Court state otherwise. So much so that to remove him from my b-cert would demand a court order or a dna test [which they can't enforce--goes back to Family Court].

The statute of limitations in VT on establishing paternity is 21. I'm 36. The statute allows the child to petition also. I understand the statute in relation to child support issues [$] and even inheritance. How can it limit a person "right to know"--origin, med history? Adoptees are challenging and succeeding in knowing their origin [b-certs] and the law should allow me to have the same rights [since my b-cert isn't proven to be true and I have no recourse to amend it].

I feel my rights are being violated based on age discrimination --Particularly since I had no knowledge of my rights to petition paternity within the allowable time frame. Right to know should have no limitation [it doesn't for adoptees] and this out of court settlement was used as a tool ---with the knowledge that he was not excluded as the father---to hide from: [1] the law, [2] what the state believed in for child's rights, [3] it's responsibility to me and morally [4] his responsibility to the truth. But apparently his right to privacy superseeds all this.

Any suggestions for someone who can't sacrifice her family's financial security to pursue her rights in an expensive court case? I'm looking for the truth [not money] and for rights of many others who, like me, want to finally have a voice instead of being tied to what other people decided for them!

jeno · #2 02-08-2008, 10:18 AM

Also-- I live in AZ now [so does my mother] and the man lives in WA state.

GV70 · #3 02-08-2008, 11:19 AM

Quoting jeno

He is listed on my b-cert [mother as informant] and, consequently, VT family court doesn't recognize him as my father.

Correct!The Family Court does not have legal grounds to recognize him as a father.

Quoting jeno

How can it limit a person "right to know" -origin, med history? Adoptees are challenging and succeeding in knowing their origin [b-certs] and the law should allow me to have the same rights.

I feel my rights are being violated based on age discrimination --

Not exactly...If you were an adoptee and you saw your BS and there was"Father - unknown",would you know your origin

Unfortunatelly the law is cold.
"right to know"is not absolutely right.A friend of mine/he's a judge/said,"Let's imagine my mother does not know who my father is.May I force 100,000,000 men to have DNA tests?No!"

GV70 · #4 02-08-2008, 11:22 AM

BTW have you ever tried to talk to him...If you want the truth only you can get home DNA tests.They are cheap.

jeno · #5 02-09-2008, 06:39 AM

Thank you all...the law is cold and so is he [the man in question]...to a degree. I did find him and talk to him but he is not very motivated in taking the test...I tried to reassure him that the law is on his side [which he knows] but he says he doesn't want to know because it will cause him and his family pain. How someone can willingly ignore a possible child I don't know...but he said he needs two months to think about it. All I can do is pray for an answer because nothing else out there did or can advocate for me...Thanks again for all your responses.

jk · #6 02-09-2008, 01:19 PM

Quote:

Any suggestions for someone who can't sacrifice her family's financial security to pursue her rights in an expensive court case? I'm looking for the truth [not money] and for rights of many others who, like me, want to finally have a voice instead of being tied to what other people decided for them!

give it up. You have no rights here. You would have no damages to persue and the man does have rights to not be bothered by you if he does not want to be bothered.

This man would only be your father in the most clinical sense so why are you seeking this?

jeno · #7 02-09-2008, 06:59 PM

Sorry If anyone feels angry at me for this desire of mine. No one has a clue of the specific details and no clue of the damage that I have experienced as a result of my mother and this man's refusal to seek the truth when it was legal. I was only asking this forum for any direction I can possibly take for me and other people that have the same desire I do--to simply know the truth.

If anyone feels I have offended them, I apologize. I am also politely asking, if you are offended and feel the need to post, to communicate your opinions respectfully. There is no reason to be rude in a forum such as this. I read many threads before I chose to ask my question about my rights because of how respectful posters were. Thank you again to everyone who responded respectfully.

jk · #8 02-09-2008, 07:38 PM

Quoting jeno

Sorry If anyone feels angry at me for this desire of mine. No one has a clue of the specific details and no clue of the damage that I have experienced as a result of my mother and this man's refusal to seek the truth when it was legal. I was only asking this forum for any direction I can possibly take for me and other people that have the same desire I do--to simply know the truth.

If anyone feels I have offended them, I apologize. I am also politely asking, if you are offended and feel the need to post, to communicate your opinions respectfully. There is no reason to be rude in a forum such as this. I read many threads before I chose to ask my question about my rights because of how respectful posters were. Thank you again to everyone who responded respectfully.

I am neither offended or angered but my reply was intended merely to be factual. There is no place for feelings in what you asked. Without some underlying reason not disclosed, you have no rights to require or force your father to prove he is or even acknowledge the paternity. I had no desire to be rude or insulting, merely factual.

Unless there is some underlying reason that may allow you to force a paternity test, there is nothing you can do other than ask the man and accept whatever he decides to do.

Lawrence D. Gorin, Atty. · #9 02-10-2008, 12:09 AM

You need to do a little "creative lawyering" here. Given that the man you claim to be your genetic father lives in Washington, any legal action that you might take would best be accomplished in that state.

Suggest you contact a Washington family law lawyer and discuss the possibility of filing a legal action in the Washigton Superior Court seeking a "DECLARATORY JUDGMENT" under the Uniform Declaratory Judgments Act (RCW 7.24.010 to 7.24.190).

A "suit for declaratory judgment" is a lawsuit in which you ask the court to exam the case facts and render a judgment declaring "rights, status and other legal relations whether or not further relief is or could be claimed." Further, "the declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree."

Here, you would be asking the court to render a judgment declaring whether the putative father is or is not your legal parent, based on the underlying biological facts. And to assist the court in making that determination, you would ask the court for an order for DNA parentage tests, doing so as part of pretrial discovery.

NOTE: No guarantee that this procedure will work successfully under Washington law (which is why you need to talk to a Washington attorney). It has worked successfully for me under Oregon law, but the laws and procedures vary somewhat from state to state.

LDG

GV70 · #10 02-10-2008, 02:13 AM

Quoting jeno

Sorry If anyone feels angry at me for this desire of mine.

No one wants to be rude with you. As I said the law is very cold...

Quoting Lawrence D. Gorin, Atty.

A "suit for declaratory judgment" is a lawsuit in which you ask the court to exam the case facts and render a judgment declaring "rights, status and other legal relations whether or not further relief is or could be claimed." Further, "the declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree."

Here, you would be asking the court to render a judgment declaring whether the putative father is or is not your legal parent, based on the underlying biological facts. And to assist the court in making that determination, you would ask the court for an order for DNA parentage tests, doing so as part of pretrial discovery.

Hello,Mr.Gorin!
Thank you for your response-I read your post with pleasure.
If I am not mistaken,a declaratory judgment
n. a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages./A declaratory judgment does not provide for enforcement of the judgment, however. In other words, it states the opinion of the court regarding the matter before it without requiring that either of the parties do anything. See e.g. Roe v. Wade 410 US 113/73
In my view if a putative father resists DNA tests, the court will not force him to do it/ in a declaratory judgment/