Outrageous Injustice in Paternity Fraud Case

In the article below Tulsa World reporter Jarrel Wade details the way the Oklahoma child support system has ruined the life of Brande Samuels. I discussed the problem of men being "defaulted" into fatherhood in my co-authored column New American Bar Association Article Points to Crisis in False Paternity Judgments (Baltimore Sun, 8/20/06).

One interesting note--in a sidebar to the story, the paper reported that within a year "there were 3,127 paternity tests conducted in DHS cases. Of those, 781 of the alleged fathers were found not to be the genetic father." For those counting, that's a 25% false rate.

From Child support law leaves man a default dad (Tulsa World, 10/13/2008):

Convicted and incarcerated for possession of drugs in 2002, Brande Samuels made a deal.

He promised himself and his family that when he left his prison cell, he would work hard to build a stable and positive life.

After two years in prison, he was released early on good behavior and worked for less than minimum wage while he trained to become a welder.

But that's when he first got notice from the Oklahoma Department of Human Services' Child Support Enforcement Division that he owed child support, he said.

Now, Samuels owes about $13,000 in back child support, he lives with his ailing grandfather and DHS seizes portions of his wages every month.

"The last four years have been the worst in my life," Samuels said about life since leaving prison in 2004. "I went into so much debt."

Samuels said under other circumstances he would take full responsibility for the child as a father should.

But he is not the father.

Samuels was aware of the possibility that he might be the father during the pregnancy, he said. But the mother had been in another relationship at the same time.

"She wouldn't even allow me to sign the birth certificate," he said.

Two months later, the mother — Nadia Smith — put his name down as the father when she filed for child support, which Samuels wouldn't learn about until after his Oklahoma prison sentence, he said.

"They make (the mother) give up a name for the potential father. If she doesn't give up a name, then she can't get any assistance," Samuels said about the process to receive child support.

Jeff Wagner, spokesman for DHS, said when a mother is opening a child support case, she names the alleged father and provides "a great deal of information" in the Mother's Affidavit of Paternity.

In 2004, when Samuels left prison and learned of his obligation to DHS, case workers told Samuels if he wanted to fight the original order and get a hearing, he needed a lawyer, he said.

"I just want to be heard," he said. "The court was made for justice. It was made to help make the right decision."

Samuels did not have enough money to pay a lawyer, and no one would take his case for free, so in 2006, he approached Neighbor for Neighbor, a Tulsa nonprofit organization. They helped him prepare papers to require the mother to provide the child for a DNA test.

He found out then that the mother had left the state and had to be tracked down. She had left Oklahoma for Texas, Texas for Iowa, and then Iowa for Mississippi between 2004 and 2007, he said.

Neighbor for Neighbor helped Samuels track her through the courts and filed court papers seeking a DNA test from the child in March 2007, according to court records.

Two months later, Samuels received DNA evidence that the child support had been based on a false assumption. He was not the father — 0.00 percent chance.

"I was hurt. I was actually hurt because they put me through all this stuff without the child even being mine," he said.

After his three years of work, he believed he would be forgiven all his debt for the child, he said.

But it wasn't forgiven, and according to Oklahoma law, it won't be forgiven.

In child support cases, the burden of proof is on the alleged father — the accused — according to Oklahoma statutes.

An alleged father must appear at a child support hearing to request a paternity test. If he does not appear, he is legally designated as the father and child support is established in most cases.

Once designated as the father, that person is financially responsible for the child until he or she is 18 or adopted with a few stipulations for petitions which may vacate the original order, according to Oklahoma statutes.

DHS records show that Samuels was served papers to appear for his child support hearing in 2001, but Samuels said he was working in Texas at the time and could not have received the notice.

Wagner said by Oklahoma law someone can be legally served if the subpoena is put into the hands of someone 15 or older who lives at the same residence as the person.

But Samuels said the documents never touched his hands.

Regardless of the outcome of the DNA test, which Samuels spent three years trying to get, it was already too late.

Samuels was ruled the default father in 2001, and legally, DNA has no bearing.

"If you got me on default, you should still have to prove that I'm the father," he said.

This is the second recent story in the media of a default father being forced to pay child support in a bureaucratic nightmare with DHS.

The first, reported by The Oklahoman, was about Micheal Thomas of Tulsa, who had shown that he had never even met the mother and that he had DNA evidence that showed he wasn't the father. Still, he became a default father after missing his initial court hearing.

DHS does not keep statistics on the number of established fathers or default fathers who are not genetically related to the child they are responsible for, Wagner said.

In the eyes of the law and DHS, once paternity is established, there is no difference.

DHS officials would not comment on whether any changes have been made in establishing paternity since the Micheal Thomas case was reported.

I suggest readers thank reporter Jarrel Wade for reporting on the story by clicking here.

We previously covered the Michael Thomas story at CS Enforcement Erroneously Badgers College Athlete, He Forfeits Scholarship & Drops Out. Thanks to several readers for sending the story.

HOLY EFFIN CRAP-this is so wrong-i think i just threw up in my mouth a little

Sperm Donor Betrayed by Lesbian Couple He Aided

(from glennsacks.com)

A man who was kind enough to donate his sperm to a lesbian couple has now--18 years later--been stabbed in the back and hit up for child support. According to the New York Post:

"A sperm donor who sent gifts signed 'Dad' to his biological son has been slapped with a child-support order, 18 years after helping his friend get pregnant.

"The Nassau County man donated his sperm to a work colleague, and included his name on the child's birth certificate, saying it would give the boy an identity, courts documents revealed.

"He then blurred the lines between donor and full-time father by sending money, presents and cards signed 'Dad' and 'Daddy,' and having phone chats with the now college-bound teen.

"But the man's goodwill backfired: A court ruling says he is now liable for financial support of the 18-year-old, who lives with his mother in Oregon.

"'It really is no good deed goes unpunished,' said the man's lawyer, Deborah Kelly of Potrush and Daab in Garden City...

"'He was assured that he would have no responsibility on his part and of course 18 years has elapsed where there hasn't been responsibility,' she said.

"'He did not anticipate this would happen now, when the child is almost an adult, that the mother would come forward for child support.'

"She said her client had requested a DNA test, 'because we have no concrete evidence he is the father.'

"Nassau County Family Court judge Ellen Greenberg ruled Nov. 16 against a paternity test, saying it would have a traumatic effect on the child.

"The child signed an affidavit stating that he has 'never known anyone other than [the man] to be his father,' according to court documents.

"If payments were to go ahead, the child support would be determined based on the mother's earning capacity; the reported income of her partner, who is also a doctor; and the father's income...

"The father said he had contact with the child from his birth until 1993, when the lesbian couple and his son moved to Oregon, according to court documents. From then the contact dropped to seven phone calls in the past 15 years and one meeting for a few hours three years ago."

A few points:

1) Incredibly, the court won't even allow him to have a DNA test to confirm that he really is the father.

2) According to the Post, "The child signed an affidavit stating that he has "never known anyone other than [the man] to be his father." One wonders what pressure his mother may have put on him to sign this and be a part of this scam.

3) The boy is 18--he's no longer a child, and nobody should be required to pay child support for him. This is a court-ordered double-standard--as a married father, my wife and I are not legally required to give my son a dime when he's 18.

4) The kicker is "If payments were to go ahead, the child support would be determined based on the mother's earning capacity; the reported income of her partner, who is also a doctor; and the father's income." So it's not enough for the biological mother to have her own income and be supported by her lesbian partner, who is also a doctor--she needs to suck money out of yet another person to pay for this.

I'm sure in any other aspect, the biological mother would fiercely assert that her lesbian partner fills the second parent/parental role for the boy, and that he doesn't need nor ever did need a father. Yet somehow when it comes to child support, her lesbian partner means nothing, and she's got to go get money from a man.

Another Mom awarded sole custody...another baby dies.......

Father of Murdered Girl: 'I wanted custody...this could have been prevented, but it's too late'

Yet another story which illustrates the high cost exacted upon children by our family law system's severe anti-father bias. In this case, a loving father shared a special bond with his little girl. Nevertheless,  the family law system allowed a vindictive and apparently abusive mother to push the father out of his daughter's life--and it cost the little girl her life.

Dad sought custody:
Toddler was 'healthy, happy little girl'

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By Darren MeritzEl Paso Times

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Article Launched: 11/24/2007 12:00:00 AM MST

Marco Gonzalez, right, father of three-year-old Jacqueline Janice Gonzalez who was found dead Monday in her mother's car, is consoled by family friend Tony Bedoya at his parent's home Friday. (Photo by Mark Lambie / El Paso Times)

.. language="JavaScript"> if(requestedWidth > 0){ document_getElementById('articleViewerGroup').style.width = requestedWidth + "px"; document_getElementById('articleViewerGroup').style.margin = "0px 0px 10px 10px"; } ..> The father of Jacqueline Gonzalez, the 3-year-old whose
body was found in a plastic container in the trunk of her mother's car earlier this week, is going through the worst kind of pain a parent can endure.

Marco Gonzalez, 21, sat in his parents' apartment Friday in Northeast El Paso and recalled his daughter in the good times.

"We were very close. Every time I left, if I didn't take her, she would open the door herself and say, 'Daddy, I want to come,' " Gonzalez said. "She was a healthy, happy little girl, as you can tell from the pictures. She always had a smile on her face."

On Tuesday, while picking up his mother at a restaurant, Gonzalez got the news that Jacqueline had been found dead outside her mother's apartment at 625 S. Yar brough.

"I felt like my heart just dropped to the floor," Gonzalez said Friday, having a difficult time explaining his grief.

"I don't really show a lot of emotion. I'm the one who's supposed to be strong because it's my loss, nobody else's. I can't explain to you what kind of emotions," he said.

Jacqueline's mother, Yara Belen Perez, and her common-law husband, Francisco Javier Castaneda, were arrested Tuesday and charged with injury to a child resulting in death. They remain in custody in lieu of $200,000 bail.

Gonzalez said he was locked in a custody battle for Jacqueline after Child Protective Services closed an investigation into accusations of abuse against the girl's mother.

"The reason I was trying to fight for custody is because CPS closed the case, and I didn't think it was right," Gonzalez said. "CPS closed the case and she already had two charges of abuse against her."

Officials with CPS said Friday that Perez was investigated in two separate cases and that the agency did not identify any risk factors for abuse or neglect, but said she might exhibit irrational behavior at times.

Perez came across as protective of her children, they showed no signs of physical abuse, and she willingly signed a safety plan in which she promised not to physically discipline her children or leave them unattended, said Paul Zimmerman, spokes man for the agency.

"Through our investigation, risk factors were determined to be controlled," he said. "Mom did have some problems with irrational behavior."

About a year ago, a judge ruled that Perez would have custody of Jacqueline, but Gonzalez was allowed specific visitation days and Jacqueline could visit overnight once she turned 3 years old.

After Perez got together with Castaneda, the couple moved away, and Gonzalez did not know how to get in touch with them.

Perez's mother, Margarita Alcocer, secretly took Jacqueline to the Gonzalez home, a ruse designed to keep Perez from knowing that Gonzalez and his parents were seeing the little girl.

Perez's alleged lack of cooperation over visitation by Gonzalez prompted him to fight for custody, a suit that was scheduled for a court hearing in January.

"I know I could have taken custody," he said. "With court, all of this could have been prevented, but it's a little too late."

Gonzalez said that until about three weeks ago, he was staying at the West Texas Community Supervision and Correction Restitution Center, a halfway house. He said he lived there for about three months as part of his recovery after a DWI conviction from a year ago.

Jacqueline stayed at her father's parents' apartment for three months until about five weeks ago, but during that time Perez never called to check and see how her daughter was, whether she needed clothes or money or anything at all, said Antonio Gonzalez, Jacqueline's paternal grandfather.

Whenever the time came for Jacqueline to return to her mother's custody, Jacqueline would resist, saying that she didn't want to go home.

The last time Jacqueline was at her paternal grandparents' home, she jumped on the sofa and said she didn't want to leave when her grandfather said it was time to go back to her mother's apartment.

"I told her, 'Mija, we've got to get ready to take you to your mother,' and she said 'No, Pa! No, Pa! Bad boy.' " Jacqueline's grandfather said. "We picked up the sense more or less that something was wrong."