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.