By Rob Hagy, Law Offices of Rob Hagy, P.C., 154 Hansen Road, Suite 202B, Charlottesville, Virginia. Call (434)293-4562 for more information or email for more information at firstname.lastname@example.org. I look forward to helping you!
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In re Paternity of B.B., the Indiana Court of Appeals ruled that printouts of cellular telephone text messages from father to mother were properly authenticated. The father identified the telephone numbers associated with the messages as his own numbers and that he remembered sending some fo the messages or portion of the messages and then the mother testified how she obtained the print out: by using a cord, opening a file containing the messages, and printing the file.
On November 7, 2007, in the case of Dubay v. Wells, the 6th U.S. Circuit Court of Appeals ruled that a Michigan father's claim that he should have the right to decide whether to pay child support was without merit.
Matthew Dubay said his ex-girlfriend had assured him she could not get pregnant, then sued him for child support after his child was born. He argued his ex-girlfriend had the right to choose abortion, so he had the right to choose whether to bear financial responsibility for an unwanted child.
He contended Michigan’s paternity law violated his right to equal protection because it didn’t give men reproductive rights. In denying Dubay's claim, the court held that Michigan laws also require mothers to provide adequate support for their children and are gender neutral.
Men’s rights groups had dubbed the lawsuit a ''Roe v. Wade for men,'' drawing objections from women's rights groups.
Virginia has established a confidential database called The Virginia Putative Father Registry, that is designed to protect a putative father's rights by:
Helping to establish paternity
Notifying you of termination of parental rights or adoption proceedings for a child you may have fathered
You are considered a putative father, if:
You are not married to the child's mother; or
A court has not determined that you are the child's father; or
You have not signed a written agreement acknowledging you are the child's father; or
You have not adopted the child.
This registry is designed to protect the rights of a putative father who wants to be notified in the event of a proceeding for adoption of, or the termination of parental rights regarding a child he may have fathered.
If you think you may have fathered a child – you can protect your rights as a parent by registering. Don’t miss out on the opportunity to play an important role in your child’s life. By registering, you take one step toward proving you’re the father of the child and protect your rights in the event the child is placed for adoption.
The Illinois Appellate Court has ruled that a man can pursue a claim for emotional distress after learning a former lover had used his sperm without his knowledge or consent after an act of oral sex to have a baby two years after the baby had been born when the women filed a claim for child support. The man could not claim theft however.
In the case of People ex rel Department of Public Aid v. Smith, the Illinois Supreme Court ruled that a parent cannot bring an action under the Parentage Act to deny the existence of a parent-child relationship using genetic testing where the parent has executed a voluntary acknowledgment of paternity.
Virginia Code Section 20-108.2 This provision of Virginia law sets forth the child support guidelines-a table of reference for determining the base monthly child support obligation.
Virginia Code Section 20-124.3 This statute sets forth the factors that a court will consider in divorce proceedings, temporary proceedings, or modification proceedings to determine what custody and visitation arrangement would be best for the child or children involved.