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    Re: CUSTODY/Paternity in PA.

    Posted by sharwinston on 2/19/05

    well, then, you need a lawyer.

    btw: I suggest you read up on that caselaw regarding the
    taking of body fluids for DNA testing purposes and its
    relation to search/seizure laws. I think you're gonna see that
    it's done all the time. Case in point: Guests of the state
    (state prison). Prisoners have to give DNA samples.
    fyi: Laches is an equitable defense. imho: If there is
    statute that allows specified parties to challenge paternity
    at any time, then laches could not defeat that party's right
    to do so.

    You need a lawyer.

    On 1/15/05, J. Matt wrote:
    > Thanks, Sharwinston for your imput. It was insightful and
    > helpful. But in PA. and most other states I believe that
    > once mother and father both sign and acknowledge paternity
    > for children out of wedlock the onus is on the party
    > challenging paternity to claim he or she acknowleged
    > paternity only due to fraud or duress. In the refered to
    > instance I give it seems there is much settled caselaw that
    > laches now apply to the mother as well as doctrine of
    > unreasonable searches and seizers where blood test is
    > ordered. I want to be the father of the child and take on
    > all the responsibilities that go with it. Mother, I
    > contend, is estopped from challenging paternity at this
    > juncture. I suppose I am simply perplexed as to how the
    > judge and the conciliator can ignore the settled and
    > leading caselaw on this. I belieeve that if court does not
    > vacate order then I shall have to figure out how to
    > expedite this matter on some kind of emergency appeal.

    Posts on this thread, including this one
  • CUSTODY/Paternity in PA., 1/15/05, by J. Matt.
  • Re: CUSTODY/Paternity in PA., 2/19/05, by sharwinston.


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