Charlottesville Divorce Lawyer Rob Hagy

Print Outs of Cell Phone Text Messages Admissible As Evidence.

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.

-Rob Hagy, Charlottesville Divorce Lawyer.  For help with questions about evidence in divorce cases or to schedule an initial consultaton, please call (434)293-4562 or email me at [email protected].  For more information, visit my facebook page: Charlottesville Divorce Lawyer.

 

Roe v. Wade For Men?

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.

About Virginia's Putative Father Registry

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.

To register, please click here.

Man Could Sue Over Surprise Pregnancy

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.

Parent Cannot Use Statute Authorizing Paternity Test

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.