Kentucky Supreme Court: Biological Dads Have ´Inherent, Equitable Rights´

Submitted by anthony on Wed, 2010-07-14 10:39

Article here. Excerpt:

'The following is an article by Fathers & Families Board Member, Robert Franklin, Esq.:

"Given the unusual facts of this case, and recognizing the inherent, equitable rights of biological parents who are deprived of parenting through no fault of their own, the grant of joint custody to Trevor cannot prevent Cahill from going forward with his paternity action."

That´s the Supreme Court of Kentucky writing in this case (Leagle, 6/17/10). Let me repeat the key words: "recognizing the inherent, equitable rights of biological parents who are deprived of parenting through no fault of their own…" Let me be clear; those words have the power to blaze trails into the law governing paternity fraud and adoption where none have gone before. They were written by the highest court in the state.

For twelve years I have studied the many ways in which fathers can be deprived of their rights by family courts and family law. One of the easiest ways is for mothers to keep the truth about paternity secret from dads. Over the years, I have read scores of cases in which a father was deprived of his parental rights through that simple expedient. Not once in all that time has there been a case that recognized the "inherent, equitable rights" of fathers." Not once in all that time have I read a case that recognized the simple principle that rights cannot be lost without some action on the part of the individual whose rights they are. I´ve said it before: the most heinous mass murder has, literally, greater due process rights than the most upstanding single father.'

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Comments

The mens movement is making head way!

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Submitted by crypter27 on Fri, 2010-07-16 06:01

It is EVERYONE"S best interest to know the truth about paternity.

The law of "children conceived during marriage legally belong to the husband" needs to be done away with.

In today's world where many people have affairs while married and separated couples begin dating as soon as they feel they have split instead of waiting until they are legally divorced can cause legal havoc when children are conceived while married to someone else. Men and children are the one's that suffer.

Also I am glad to see that fathers are given an inherent right to be parents to their children, I hope other states take notice. I'm not sure if this means it is becoming "law" in Kentucky or if it is just one judge's opinion in this specific case.

Fathers are very important and courts need to understand this.

IMO, it is morally criminal to hide the truth about paternity, but legally I am not sure what to do about it when no money is taken for support. In this case no money was fraudulently taken since her husband voluntarily supported the child during the marriage even though he knew it was not biologically his. (For those that did not read the article: she was pregnant before the wedding and the husband knew it was not his)

Not many details about the bio father's and mother's relationship are given, but if they live in the same town and have common friends, etc. it would be hard for me to believe that he did not know about the birth of the child and be able to count the months and know that the child might be his.

I could see that issue coming up in court. Did he really not know the child could be his, or did he not want to know.

Whatever the case is, I am glad for the father and child that the truth is coming out and it is great news for father's rights.

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Submitted by Kris on Fri, 2010-07-16 20:35