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  1. #1
    Join Date
    Mar 2009
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    3

    Unhappy Paternity and Self-Incrimination - Underaged Mother

    My question involves paternity law for the State of: California.

    A brief encounter with my female friend in between the breakup and return of her boy friend and alleged father of the baby in question. After the second break up the next boy friend was Asian (baby looks caucasion). The mother and alleged father both have blue eyes as did the baby the first year but now has brown eys. The baby's grandmother had brown eyes so it wasn't questioned as being mine so much.

    There was always a possibility but she swore there wasn't, thinking one time wasn't enough and once the baby was born there was no question in her mind. Allthough I knew better.

    She forced a paternaty test on the alleged father which allegedly is negative. She is afraid of testing me because I make close to a triple digit salary while she is on public assistance. Both parents, grand parents and relatives have been arrested for drugs. Step father is alcoholic, etc. Yes they did live in a trailer at one time when she was little.

    Here are the issues:

    Child is only a few months away from turning two years old. Since CA law is completley ludicris any 100% biased if I do not contest before the childs 2nd birthday I am (censored) whether she is mine or not.

    The mother lied and was under age at the time of conception. I was older then the allowed three year difference tha CA allows. So by taking negative tests results and contesting bore the childs 2nd birthday I can incriminate myself!

    The mother being afraid of lossing custidy living on public assistance, having no money and no education as well as having a known drug addict family is too afraid of challenging me as far as I know. She could be waiting untill the child is over two years of age if that is what public welfare told her if she confided in them with myself being anonomous. She herself has never been arrested.

    Do I do an unofficial anonomouse DNA test with the child and myself only whithout her knowlege?

    Do I do a more accurate unofficial DNA test with all three involved?

    I have always helped her with money and anything she needed. Chlothed and fed the baby as if it was my own. From reading CA law I will be completely raped financially by the state if paternanty is established to be true and we are not together. Damned if I do test and damned if I don't!

    What are the statue of limitations of these situations? I have only a few months to contest. She has forever to allege myself as the father (that's pretty one cited). Can the state prosecute statatory conception with a minor? Not knowing and her lying about her age could be considered insignificant which incriminates me.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,041

    Default Re: Paternity and Self-Incrimination - Underaged Mother

    Can the state prosecute statatory conception with a minor?
    Yup, they sure can.

    For instance, the statute of limitations for California permits prosecution of the crime within six years after its commission (California Penal Code 800), which is 3 years longer than its original time limitation. Additionally, under the DNA Exception rule, California further permits prosecution of statutory rape within one year of the date on which the identity of the suspect is conclusively established by DNA testing or within 10 years of the offense, codified under California Penal Code 803 (2001).

    http://www.criminalattorney.com/page...rape_myths.htm
    Do I do an unofficial anonomouse DNA test with the child and myself only whithout her knowlege?

    Do I do a more accurate unofficial DNA test with all three involved?
    Neither is admissible in court.

    From reading CA law I will be completely raped financially by the state if paternanty is established to be true and we are not together.
    Horse hockey. It's not about you being "financially raped". It's about your legal and moral obligation to help support a child you helped create.

    There is no statute of limitations for establishing paternity, so you might as well file to have paternity established/disproved on your own, rather than waiting for her to do it. Then, if the child is yours, you can file for visitation and custody arrangements, and get down to the business of making sure the child is well taken care of.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
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  3. #3

    Default Re: Paternity and Self-Incrimination - Underaged Mother

    Can the state prosecute statatory conception with a minor?
    The word you're looking for is statutory RAPE. And that prosecution could happen whether conception occurred or not.

    Hanging on to one's money is best accomplished via two strategies, used in conjunction:

    1) before sleeping with someone, KNOW how old they are - it is NOT a defense in most states that "she told me she was older". The food in jail is bad no matter WHAT she tells you. For God's sake, grocery store clerks ask for ID before selling a young person beer - more people need to get in this habit before hopping in the sack with an underage sweat young thing (a crime) and creating children (a stupidity).

    2) assuming test #1 goes well, whip out your wallet and use a condom - or else be prepared to whip out your wallet MONTHLY for the next 18 years (only without the after glow). That little romp in the sack means 216 payments. No matter how hot she is, I'm doubting the fond memory of the occasion will last as long.

    Not knowing and her lying about her age could be considered insignificant which incriminates me.
    The law doesn't see it as insignificant. In fact, the law sees it as a JAILABLE offense.
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  4. #4
    Join Date
    Mar 2009
    Posts
    3

    Default Re: Paternity and Self-Incrimination - Underaged Mother

    I know what it's called in this femanists males have no rights state. That was NOT the word I was looking for, sorry but no. My intentions were to keep this simple and clean. There are more freedoms and rights in Canada then the US of N. America. This thread isn't for anyone who beleives they can force morals upon others. There are enough religions for that and enough wars result already. If you beleie emergancy contraception is an abortion pill then this thread is not for you either.

    Now that i've gotten that out of the way. This is what's best for the child. Unfortunatley becuase of the one sided CA laws it ruins what the femanists thought they were protecting. Ironic, isn't it? If testing can be done at any time of the childs life and there is no statue of limitation then becuase of CA broke back mtn law prosecuters will drool over getting their names in the paper and on tv, getting a promotion and plenty of lobbiest money etc and so on. Back to my point. With the mother allegedly being 2 months away from 18 and the father allegedly 4 months from 22 that is beyond the three year stretch. I have spent well over $100, 000 on the mother and child to date. With an arrestable offence the mother and child will receive nothing. All income will cease to exist, there there will be NO income and therefore NO child support. Does anybody understand this or does everyone prefore to be a lemming and join the mob with the torches and the nooses.

    Becuase of peoples moral beleifs which the feel they must impose on others this child may be ruined of a good child hood and well being living in a crack head trailer park when she could have become a doctor and contributed to society. Instead she will continue to be a burden on society and collect money from the state which everyone will pay for.

    There is no solution to this. She will learn how to jump from male to male and live on welfare like her mother and crack head grandparents. The mother could have went to college and the baby to any university she wanted. Instead what is legal in other states and country will incriminate me and force me to leave a child I love and never see her or support her. This is devestating to me as all it will take is a womens wrath to destroy me which destroys the mother and the daughter. So poke me with your pitch forks!

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,041

    Default Re: Paternity and Self-Incrimination - Underaged Mother

    It's not a "woman's wrath" destroying you, emo kid.

    It's your refusal to take responsibility for the mess of your own making, when you thought with the wrong head.

    You're not going to find sympathy here. We provide legal information, not crying towels. If you're not interested in factual answers - which you were given - I suggest you skedaddle.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

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