Think about this, why would a mother need to count dates and get a doctors calculation of the conception date unless she knew there was more than one possible father? A doctor initially calculates a baby's conception date and due date based on information received from the mother.
If you were me, after the trial court disregarded your family's survival by ordering 41% of your take home pay in March 2000, the mother threatened to call police if you attempted to exercise visitation on your court ordered day, then you discover 0% paternity in April 2000, would you risk getting arrested after the child's mother says no contact with her daughter?
The ex-girlfriends attorney immediately demanded payments after I would not agree to waive my rights to monies paid. After these actions, my new attorney asked the trial court to grant a jury trial based on constructive fraud, legal fraud and fraud on the courts.
I am still amazed that the trial court refused to allow me to introduce the evidence of fraud then said that I did not prove fraud. I still have the evidence. I believe the trial courts denial said that I should have known that the ex-girlfriend lied about paternity and that her word could not be trusted because we were not living together at the time of conception.
The trial court has absolutely refused to issue an order releasing me from paying child support in spite of two independent DNA reports with 0% paternity.
FACT: I discovered 0% paternity (April 25, 2000) nine months after I signed paternity related papers in July 28, 1999, in direct contradiction of the ex-girlfriend's sworn statement.
In Georgia, paternity fraud and family cases are not guaranteed a constitutional right to appeal an illegal judgment lack of subject matter jurisdiction. Both appellate courts denied an opportunity to appeal in behalf of all Georgia victims. Neither do they provide any reason for denial even when presented with a clear need for a precedent. We got a one liner of denied.
Paternity FRAUD has reached epidemic proportions as proven by:
FACT: Georgia DHRs Robert Swain publicly stated that 30% of as many as 45,000 Georgia mothers submitted false paternity affidavits with no consequences. While attending the International Conference of Fatherhood in Atlanta with Mr. Swain and several employees of Child Support Enforcement, they told me that it is common for them to test as many as five males for paternity and still not find the biological fathers.
The message is clear to me that sometimes unwed, divorced and married mothers lie about the child's biological father (intentional and unintentional). Rewarding bad behavior tends to result in more of the same. Paternity FRAUD, actually makes the case for mandatory DNA testing to protect the child and the man from being deceived.
The correct answer is NOT to lie to the child and the deceived man, but the law must hold the biological parents accountable for their own children. After all they have had their fun, lets make them responsible.
I love my ex-girlfriends daughter, but I cannot risk going to jail. I must protect my family from being financially raped and forced into poverty. This nightmare has cost us in excess of $115,000 and my children's college money.
My family consisting of my wife, my son and our three year old daughter (99.9995% DNA test in May 2001 says she is mine) represents just one of the families harmed by Paternity Fraud. We beg you to send a clear message that fraud, extortion and involuntary servitude are not an acceptable means to obtain child support.
I pray that God will touch your hearts to pass the Senate version of HB 369, today so that Justice will begin in Georgia as it has already begun in Maryland (1994) and Ohio (2000). This crime can and must be stopped!
Sincerely in Jesus name,
Mr. Carnell A. Smith Sr. & Family of three
Georgia Paternity Fraud victims
March 2002, Opinion Editorial to Atlanta Journal Constitution by James Albertelli, Esq.
Georgia Attorney and Georgia Paternity Fraud Victim