Athena
May 1st, 2008, 11:16 AM
Despite DNA, Dad's Paternity Denied
Tuesday, Apr. 29, 2008 By MICHAEL LINDENBERGER
For nearly two years, James Rhoades, a university librarian in Tallahassee, has been fighting to establish in law what science and fact already have shown beyond any doubt: He is the biological father of the boy dubbed J.A.R. He's got DNA tests to prove it, and videos and loads of pictures of him with the boy. In the photos too are the boy's mother, J.N.R., whom Rhoades met while taking an online graduate course. She was — and still is — married to another man, who was stationed at a Pensacola Air Force base during their affair in 2005. And that's the problem.
Last week, in a decision that underscores the tense relationship between science and law, a divided Kentucky Supreme Court told Rhoades that he could not press his paternity claim, no matter what evidence of fatherhood he might have, because J.N.R. was, and remains, a married woman. When it comes to defining fatherhood in the Bluegrass State, where Ricketts and her husband now live, the marital "I do" mean a lot more than DNA.
The 4-3 decision splintered the court, which issued five separate opinions. The majority was itself divided evenly among two camps, one that said Rhoades might have prevailed had he been able to show the J.N.R.'s "marital relationship had ceased at least 10 months" prior to the boy's birth, and another that said no "stranger to the marriage" can ever attack the legitimacy of a child's birth. "As long as marriage is on the books, it must mean something," wrote Justice Bill Cunningham in one of two concurring opinions. "... We are in need of a bold declaration that the marriage circle, even one with an errant partner, will be invaded at one's own legal risk." He added: "While the legal status of marriage in this early 21st century appears to be on life support, it is not dead."
The decision has left Rhoades devastated. "What I wanted was not just to see my son but to participate in his life," Rhoades told TIME. "He is my son and I love him." Kentucky's ruling is firmly grounded in the history of the law, however. In fact, the so-called marital presumption has barred attacks on the legitimacy of children for centuries. Courts have forever held that allegations of fatherhood by third parties can only disrupt the family, confuse or embarrass the child, and unsettle the social order.
Continued article... (http://www.time.com/time/nation/article/0,8599,1736006,00.html)
__________________
In a society where the significance of marriage is trivalized by drive-thru chapels and excessive divorce rates, apparently, the question begs to be asked:
Which poses the greatest social good? Protecting marriages from paternity claims that can splinter and rip families apart? Or, providing a biological parent the right to be a part of his child's life?
Tuesday, Apr. 29, 2008 By MICHAEL LINDENBERGER
For nearly two years, James Rhoades, a university librarian in Tallahassee, has been fighting to establish in law what science and fact already have shown beyond any doubt: He is the biological father of the boy dubbed J.A.R. He's got DNA tests to prove it, and videos and loads of pictures of him with the boy. In the photos too are the boy's mother, J.N.R., whom Rhoades met while taking an online graduate course. She was — and still is — married to another man, who was stationed at a Pensacola Air Force base during their affair in 2005. And that's the problem.
Last week, in a decision that underscores the tense relationship between science and law, a divided Kentucky Supreme Court told Rhoades that he could not press his paternity claim, no matter what evidence of fatherhood he might have, because J.N.R. was, and remains, a married woman. When it comes to defining fatherhood in the Bluegrass State, where Ricketts and her husband now live, the marital "I do" mean a lot more than DNA.
The 4-3 decision splintered the court, which issued five separate opinions. The majority was itself divided evenly among two camps, one that said Rhoades might have prevailed had he been able to show the J.N.R.'s "marital relationship had ceased at least 10 months" prior to the boy's birth, and another that said no "stranger to the marriage" can ever attack the legitimacy of a child's birth. "As long as marriage is on the books, it must mean something," wrote Justice Bill Cunningham in one of two concurring opinions. "... We are in need of a bold declaration that the marriage circle, even one with an errant partner, will be invaded at one's own legal risk." He added: "While the legal status of marriage in this early 21st century appears to be on life support, it is not dead."
The decision has left Rhoades devastated. "What I wanted was not just to see my son but to participate in his life," Rhoades told TIME. "He is my son and I love him." Kentucky's ruling is firmly grounded in the history of the law, however. In fact, the so-called marital presumption has barred attacks on the legitimacy of children for centuries. Courts have forever held that allegations of fatherhood by third parties can only disrupt the family, confuse or embarrass the child, and unsettle the social order.
Continued article... (http://www.time.com/time/nation/article/0,8599,1736006,00.html)
__________________
In a society where the significance of marriage is trivalized by drive-thru chapels and excessive divorce rates, apparently, the question begs to be asked:
Which poses the greatest social good? Protecting marriages from paternity claims that can splinter and rip families apart? Or, providing a biological parent the right to be a part of his child's life?