I have experienced the pain
"A Georgia paternity fraud victim's point of view" Pt. 2
Opponents of the Bill have cited the "best interest of the children" and the necessity of a statute of limitations in an effort to derail the Bill, however, the logic behind these arguments is fallacious. "The best interest of a child" concept stems from the domestic decisions attempting to determine custody in non-fraud situations.
Those non-fraud cases examine, between consensual parents, which person would serve the best interests of the child. To apply the inquiry, you must have adopted the child or are related by voluntary consanguinity.
There is no other circumstance in which to apply the best interest analysis. Certainly, one who is neither related by blood nor enters the relationship consensually with all of the protections of Georgia Law should be bound. There is no best interest because it is not your child. The best interest analysis is pretermited by your non-relationship.
Second, proponents of a statute of limitations fall into the best interest fallacy and propound a rule which violates the Constitution. There can be no limitation on an action to recompense for fraud until after the fraud is discovered. Would the state limit a person who discovers that they are a slave to bring an action because the overseer depends upon the labor? Certainly, not. In both situations, the taking is unlawful. In both situations, it is a violation of Due Process.
Why should the deceitful mother, benefit from her coercive (with the Court's acquiescence) action because she depends on the money? Why should the Georgia Government receive Federal matching funds on the bounty of duped men?
Fathers in this State are pursued to pay child-support. Should they fail to pay, they can be incarcerated, pay court costs and fees and lose licensing privileges. The system depends upon credibility to give the judiciary a modicum of integrity. The leader of the paternity fraud movement, Mr. Carnell Smith was quoted as saying that we always hear about "Deadbeat dads, but where is the law for fraudulent mothers?" It is a valid inquiry. The answer, in part, is H. B. 369.
To learn more about H. B. 369 contact Mr. Smith at www.paternityfraud.com .
Jim Albertelli, Atlanta