Strollerderby

"Dads" Want DNA Testing in Kansas

Posted by JeanneSager

Christopher Sprowson's ex-wife had an affair that resulted in a baby. Now the State of Kansas wants him to pay for a child genetic testing proves isn't his because he's the "presumed father."

A bit presumptuous, aren't they?

Sprowson and his first wife divorced when the child, now thirteen, was just a baby. He's never had a relationship with the child, nor has the mother called for one. Why should she? He isn't the boy's father.

Kansas officials stepped in when the ex-wife filed for welfare.The state automatically seeks child support for any parent receiving public assistance to reduce the state's burden. Unable to provide a name for a father of her boy, the state put the blame on Sprowson. When DNA proved otherwise, a judge said it didn't matter – as her husband at the time of the baby's birth, he had to pay some $10,000.

But Sprowson and wife Karey have three kids of their own to support, and they have made a bid to the state legislature to change the laws, allowing men to use DNA evidence to prove once and for all that they aren't responsible for kids with whom they share no blood relation.

Critics have said this will pave the way for stepfathers everywhere to shirk their responsiblities to their stepkids. The way I see it, stepkids are just that - "step" kids. Short of a marriage to the child's biological parent, they aren't that child's parent. So why should they be responsible for their care outside of the marriage? Their argument is the old standby - it takes more than biology to make a parent, and I agree with them. But that's a saying used to describe the non-biological parents who nurture children, not one that can be supplied to defend thrusting someone else's responsibilities on men like Christopher Sprowson. He never nurtured the child because he had no reason to - he wasn't the boy's father in any sense of the word, biological or emotional.

I don't fault the state for trying to reduce a burden on taxpayers by requiring non-custodial parents to step in to care for a child rather than the state. But you can't legislate family ties into existence anymore than you can force an angry spouse to accept their cheating partner's love child into their heart.

Give the guys their DNA test, Kansas. And let the real fathers stand up.

Image: NIH

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Comments

 

Shannon LC Cate said:

Most of the time, though, straight, married people really benefit from the "presumptive father" thing.  It gives a father automatic rights to a child intended to be his by the couple.  It gives him legal fatherhood instantly in cases of a baby conceived via sperm donation, for example.  If husbands weren't presumed fathers by law, what would they have to do to become the fathers of their babies?  They'd be in the boat of lesbian couples now, who give birth and have to jump through costly legal hoops to get second-parent status to the non-bio mom.

This is obviously a misapplication of the law, but the law itself is not really the problem.

January 23, 2009 11:19 AM
 

JeanneSager said:

Point taken Shannon - I agree that steps should have rights of a parent within the marriage, and that should be protected. But outside the marriage, I have seen people chased down for child support for a kid they didn't father and barely parented (because their spouse only had partial custody). There has to be some way to separate the two.

January 23, 2009 11:55 AM
 

Treespeed said:

These laws need to be revised. Otherwise the central argument becomes that the needs of the child outweigh the freedoms of an innocent man. If the argument is that the child must be provided for, then why not let it be adopted by a rich family, or maybe a wealthier ex-husband. Why should a husband be punished for having an adulterous wife?

January 23, 2009 12:05 PM
 

CAB said:

This is a delicate subject , but I do feel they should go after the biological father to a greater extent.

75% biological

25% step dad

January 24, 2009 9:57 PM
 

CAB said:

I feel this is mostly the biological fathers responsibility

January 24, 2009 9:58 PM
 

Papa Bear said:

For 20 years of working with fathers, I've dealt with this issue.  What I advise is to challenge for custody.  Even though a man cannot use DNA in all except two states, to discontinue a child support case, the mother can use it to prevent the man from getting custody.  But, if she does, she forfeits her claim on child support.

Maryland and Illinois are the only two states where DNA can be used to stop child support, but a Clay County (MO) judge ruled in favor of a man and ordered Welfare to refund him.  Unfortunately, it was overturned on appeal and the judge was censured.  

A related case to this, during a divorce, a Michigan mother used DNA to prevent her ex-husband from getting custody, resulting in her losing the child support claim.  She than filed, and was awarded, 15 years of retroactive child support on the father.  

Unfortunate for him, in that he got her pregnant when she was molesting him at age 11.  She was never charged in the crime, and with the statute of limitations, could be charged when she got the support order.  He lost his appeals and owed $80,000 in child support.  Two years later, he committed suicide.  She now has a claim against his parents estate, for anything he might have gotten from it.

January 29, 2009 12:58 AM

About JeanneSager

Jeanne Sager is a writer who lives in upstate New York with her husband, daughter, a dog and too many cats. She refuses to believe motherhood comes with pumpkin appliqued sweaters, and she';s not ready to apologize for having only one child. She writes about raising her kid in her own hometown and the mom stuff she's not embarrassed to own at her blog, Inside Out (http://jeannesager.blogspot.com), she's contributing editor of Grand Magazine, and she's a regular essayist here on Babble

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