GEORGIA SENATE TESTIMONY
Thursday, January 24, 2002
Legislative Office Building, Room 307
Chairperson - Senator Susan Cable
IMAGINE $250,000.00 Tax-Free
and keep it, even if you get caught!
Make the epidemic work for you!
No honest American would present
this message to our daughters, right?
U.S. Citizens Against Paternity
Creator of 4Lies & 4Truth Talk Show
Decatur, Georgia 30037-2632
If the genes dont fit, you must acquit
Copyright 2002 Carnell Smith, All Rights Reserved
Honest Georgians Support House bill HB 369 as is for do PASS.
There is an epidemic sweeping this country. No, it isnt anthrax, cancer, or AIDs, although those are serious diseases. This epidemic is not identified as a disease in medical journals. Yet, it is an epidemic that plays havoc in the lives of many men and causes them major emotional, social, and financial dis-ease.
This epidemic is Paternity Fraud.
Many states have looked the other way when it comes to adopting legislation against Paternity Fraud. The most progressive states (Maryland in 1995 and Ohio in 2000) have instituted legislation that allows men unlimited time to challenge paternity using DNA testing. The epidemic has now reached startling proportions (28% - 30% of tested males). Other states (TX, IA, LA) have addressed the problem in part by limiting paternity challenges (birth of child up to age five in Colorado), but none require the mother to make a full and truthful disclosure regarding other potential fathers within the time limits.
According to a recent news story in the Washington Times (Jan 20, 2002), The Washington Times writes that Judge Irma S. Raker stated that the mother should identify the biological father. The court ruled that the duty of child support extends to the natural parent of an illegitimate child, but not to a step-parent. In a 4-3 vote in Marylands Court of Appeals stated that a man should not have to make up payments because DNA tests proved he was not the childs father. Also Judge Alan M.Wilner wrote, The message will quickly spread: in Paternity cases, you are a fool if you actually pay the child support.
Is this sub-committee prepared to publicly state that no male can afford to trust any mothers declaration that he is the father of her child? Imposing time limits on the discovery of the mothers falsity will serve to degrade the publics confidence in our Justice system as stated by GA Appellate Justice G. Alan Blackburn. (see court section)
What is Paternity Fraud? Paternity fraud is when the mother of a child purports that a male is the biological father of her child without advising him, government officials, or the courts that someone else could also be the father. There is no current law requiring a full and truthful disclosure of all material facts to the alleged father.
Who is affected by Paternity Fraud? The victim, victims family and the child. The victims are convicted for believing Im pregnant and youre the father, while the mother willfully and knowingly conceals material facts. After all no mother would ever lie about whos the father of her child, right? Surely nobody would do this to our Military men, either? A man can fight for his country, return home and find out that none of the kids are his -- he also discovers that the Georgia courts will make him pay his wife or girlfriend to raise another guys baby . The children are victims of paternity fraud by loss of their bio-dad, paternal family, financial benefits and genetic heritage.
Where is Paternity Fraud being practiced? Everywhere, Paternity fraud is not discriminatory. It is practiced by rich and poor, educated and uneducated, married and single mothers across various age groups in most, if not all states.
What have some courts said about Paternity Fraud?
United States Supreme Court - "in the field of contested paternity . . . the truth is so often obscured because social pressures create a conspiracy of silence or, worse, induce deliberate falsity. The person alleged to be the father has a legitimate interest in not being declared the father of a child he had no hand in bringing into the world. It is important to him that he not be required to provide support and direct financial assistance to one not his child.
United States Supreme Court "The value of blood tests as a wholesome aid in the quest for truth in the administration of Justice in these matters cannot be gainsaid in this day. Their reliability as an indicator of the truth has been fully established. Obviously, both the child and the defendant in a paternity action have a compelling interest in the accuracy of such a determination.
In our Georgia Appellate Court, May 1997 (upheld in GA Supreme Court) " While it is the policy of this state to require fathers to support their minor children, it is not the policy to extort such support from persons who are not in fact the fathers. The law should not punish a purported father for failing to insist on a paternity test when he has no reason to believe that he is not the father. A contrary rule would invite suspicion and distrust, and essentially require all purported fathers, upon divorce or separation, to accuse their spouses or partners of infidelity by demanding proof of paternity. In addition to fostering animosity between the parents, a rule encouraging fathers to contest paternity could also have a negative impact on the father-child relationship."
In our Georgia Appellate Court, Nov 1999, Not only has the putative father been cuckolded, the law adds injury to insult by requiring him to pay child support even after he establishes that he is not the biological father. Once non-paternity is scientifically established, courts cannot ignore such fact by relying on policies developed when no such proof was possible. To create a fiction in this matter does not make the male the biological father of the child; it simply makes him the victim of the law. While the courts may preach their false policy, they lose the respect of any citizen with common sense. The legislature should address this issue.
OTHER PATERNITY related fraud:
United States Court Of Appeals. "convicted of two counts of social security fraud, and two counts of making a false statement to a government agency. Mother filed for child benefits knowing deceased was not the childs father. RESULTS: sentenced to fifteen months' imprisonment and thirty-six months' supervised release and ordered to make restitution in the amount of $32,345."
Our neighboring state in Florida:
Florida Supreme Court has stated, "a person has no legal duty to provide support for a minor child who is neither his natural nor his adopted child and for whose care and support he has not contracted." The child asked the Duped Dad, do you know who my daddy is?
How can Paternity Fraud be exposed and stopped? A mandatory requirement of Paternity Notification Affidavits to compel truthful information from mothers and DNA paternity testing in all child support cases where the male is alleged to be the biological father of the child.
Understand the meaning of frequently used terminology.
Many courts have defined best interest of the child as financial support only
Best interest of the child often is interpreted to mean that one adult's rights (the paying adult) are about to be overlooked.
This position is supported by thousands of children who are denied any contact with neither the biological father nor the duped dad.
The "best interest of the child" is rarely used as the mothers rationale at the beginning of her dubious child support journey.
How is the "best interest of the children" served by confusion over who their father is?
I. Children do not select fathers, mothers do. The TRUTH must be the standard!
II. The rights of the child do not supersede the constitutional and civil rights of the duped dad. Involuntary servitude is illegal per the US and GA Constitution.
III. Neither duped dad nor the child would be placed in this precarious position if mom had been truthful and forthright, and laws had been passed to guarantee that moms provided complete information about prospective fathers.
Who can help to get Paternity Fraud legislation passed? This Senate Sub-committee and the honest Georgians can. There is strength in numbers. Rally behind the leaders of this cause and give of your time, talents, and monetary resources to fight Paternity Fraud.
When can help be given? Today. Take your stand today for HB 369 by contacting Rep. Stanley Watson (D-070) and your duly elected State Senator with your support. Time is of the essence and there is no time to waste in keeping our sons out of a state supported paternity trap. Too many Georgia citizens have already been trapped by law.
HB 369 will alleviate some heartache and financial strain on the Duped Dads. Most of all, Paternity Fraud bill HB 369 will level the playing field to allow all parties involved to be dealt the same hand without giving one an unfair advantage over the other.
We, the victims of paternity fraud and other honest Georgians support House Bill 369 as passed by the House to provide relief against paternity fraud. In the words of our President George W. Bush Lets roll.
Information about the presenter: Carnell Smith Pf.V - Victim, Executive Director & Founder US Citizens Against Paternity Fraud (US-CAPF, GA chapter). o Featured on CBS News Early Show on Paternity Fraud special
o Also other news stories on FOX and NBC networks.
o Nationally known as promoting legislative reform to stop paternity fraud in all states.
o Has written opinion editorials concerning Paternity Fraud and Father's Rights.
o Interviewed on local / national radio talk shows as a voice for the "Duped Dads"
o Is a Georgia paternity Fraud Victim, (2 independent tests), discovered 9 months after court hearing in July 1999 about ex-girlfriends child born in 1988.
o Is lobbying for Paternity Fraud legislation in the Georgia House (HB 369) filed by Rep. Stanley Watson. Pas sed the Georgia House in 2001 session at 163 to 0; Bill is currently in Senate Special Judiciary Subcommittee, will move in 2002 session.
o Creator / Webmaster of PaternityFraud.COM,
o Host, Creator and Moderator of 4Lies & 4Truth Talk Show on Heritage Radio Broadcasting; and TANTALK RADIO WTAN1340 Tampa Florida
o Author of CAPF Report on Paternity Fraud, exposing National Paternity Fraud & States which are supporting fraud to obtain incentive money from the federal government for state child support programs.
Mr. Smith's DNA paternity tests (copies are available with child's name suppressed) that conclusively shows 0% possibility of biological paternity for ex-girlfriends child. A court ordered deposition in Dec 2000 revealed that the childs mother knows the identity of the childs biological father.
U.S. Naval man, current Attorney, former Asst DA, post-divorce discovery 2 of 2 kids is not his. Court orders him to continue paying child support, recently freed after ex-wifes new husband adopts both kids.