Wednesday, July 14, 2004
Paternity: Innocence Is Now a Defense
On June 30, a California man being forced to pay child support for a child he had not fathered got his day in court when the Second District Court of Appeal of California overturned a paternity judgment against him.
Los Angeles County, which had imposed the judgment, knew that Manuel Navarro was not the father of the child in question because DNA testing had proved so. Yet under both federal and state child-support laws, the county was still able to demand Navarro pay child support.
The court's landmark decision in Navarro's favor may well become the controlling authority for contested paternity in California and a legal precedent nationwide.
Navarro's case is typical of the false paternity claims and child-support laws that prompt men's-rights activists to condemn the family-court system as being virulently unfair to men....
Posted by JLT at 11:58 AM