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Fatherhood/Why do most man consider there children chattel from birth until


QUESTION: Why do most man consider there children chattel from birth until age 18? Why would a man say that a woman that does not respect his parental rights from birth until age 18 is scum? Would you make your daughter that is born in Florida stay in the United Arab Emirates, until she is 18 years old if she is not willing to respect your legal parental rights under US law over until she is 18 years old?

ANSWER: You make an assumption that most men consider their children chattel from birth to age 18.  In my opinion, I believe that most responsible fathers consider their children a blessing and certainly not property as the definition of "chattel" defines.  I am certainly not an attorney and cannot answer legal questions of any kind but only give some information on basic paternity rights and responsibilities. Parents of children born or living in a foreign country may be subject to other laws.

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QUESTION: How would you feel if you have a daughter and her mother is preventing you from seeing her? Because your daughter is born in the Bahamas and will not visit the United States before child custody ends at 18, you cannot file for legal custody in legal United States courts. Your lawyer tells you that you have to file for legal custody in the Bahamas. The mother of your daughter says that she does want you to see your daughter, before child custody ends at 18.

How would you feel if a 21 year old woman says that she is your daughter, and wants a DNA test done to see if she is your father? You know that you had sex with her mother 21 years earlier. Her mother told her that because in Stanley v. Illinois the United States Supreme Court ruled that man have legal parental rights (did not want to deal with a child custody dispute) over their children in the United States, she did not reveal the father identity until she was 21 years old. This is because your name cannot be legally added to her birth certificate at that age.

What would you do? Your daughter is in the United Arab Emirates, she says that she wants to return to the United States, but she cannot return before her 18 birthday unless you agree to have your parental rights legally terminated over under United States law. Your daughter tells you that you are treating her as chattel, by not agreeing to have your parental rights legally terminated over under United States law (she does not want to see you). This is because the authorities in the United Arab Emirates told her that she does not have to see her American father, and they will not extradite and will not deport her, her mother and her two grand parents to the United States. The mother of your daughter and her grand parents are wanted in the United States for violating the International Parental Kidnapping Crime Act of 1993.

Anna Nicole Smith and The Legal Rights of Unborn Children

March 11, 2007

MSNBC News legal analyst, NYC lawyer Lisa Beth Older, Esq., appeared on MSNBC News Saturday and Sunday, raising novel concerns regarding Anna Nicole Smith and the legal rights of unborn children that go to the heart of what is on everyone's mind.

Upon the death of Anna Nicole Smith, and with the parentage of Dannielynn in balance, New York City MSNBC and ABC News Lisa Beth Older, Esq. addressed a serious loop hole in State laws which leave the question of the rights of unborn children to the potential capriciousness of other foreign countries. This breaking news angle on Anna Nicole Smith and the right of unborn children and viable fetuses has the world pondering the fate of Dannielynn and the human rights of all unborn children. Custody, paternity and DNA testing needs to be addressed in these cases as well as in the case of Anna Nicole Smith.

Foreseeing the problem of parental kidnapping of children and forum shopping for custody, paternity and DNA testing results, most States have already adopted UIFSA, the Uniform Interstate Family Support Act, and the UCCJEA, the Uniform Child-Custody Jurisdiction and Enforcement Act, and both sets of laws provide State courts with the power to determine paternity and custody where there is more than one state involved, such as where one parent kidnaps or brings a child across state lines. The laws rely upon the notion of "home state" jurisdiction, which is defined as the Court located where the child is born or has lived six months prior. If Congress does not act to expand the time of "home state jurisdiction" to include the time of pregnancy; a change from six months to fifteen months, and if UCCJEA and UIFSA is not amended Lisa Beth Older argues that the unborn child is potentially deprived of knowing their biological parents and asserting US citizenship.

The UCCJEA fails to safeguard unborn fetuses conceived in the United States. The National Commission has reported to Congress that the Bahamas is currently listed as a country of concern as a country that doesn't act on applications and abide by the rules of the Hague convention for the return of abducted children to the US.

Lisa Beth Older argues that Howard K. Stern, and others like them under the prevailing law, may be encouraged to leave the United States in order to legally circumvent United States law governing paternity and Custody, laws which rightfully give preference to the biological father under the US Supreme Court decision of Stanley v. Illinois. If a child like Dannielynn is conceived in the US but brought to the Bahamas, then it is up to the biological father to rebut the presumption of legal parentage by requesting discretionary blood testing.

In the Bahamas, Lisa Beth Older says, the law presumes that legal parentage and custody and paternity, is in the man who cohabits with the pregnant mother for a significant time and enters into a voidable marriage. This is to the detriment of the biological father and to his unborn fetus. If the Bahamas does not order blood testing on Anna Nicole Smith's the unborn child the child may never know her biological parent. An unborn child has the fundamental human right to know their biological father, and to allow people, such as Howard Stern, to remove an unborn child from US jurisdiction not only sets bad precedent but also encourages other pregnant woman and their friends to flee the United States in an arbitrary effort to defeat the fundamental human rights of all biological fathers and unborn children throughout the world. As such in the ultimate analysis Larry Birkhead has an uphill battle at this point.


I cannot answer this question because I have never been in this situation. But, if someone wanted to know if I was their father and circumstances made it a possibility, I would and would except whatever responsibility came along with that. Having sex comes with responsibility. Quit looking for excuses for poor judgement.  Play with fire and sooner or later you get burned.  It's late and you questions have no place here.  


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Marcos Torres


I can answer many questions regarding child development, best practices in child care and the fathers role in his children's development.


10 years as a child protective services investigator, 10 years administrator of a residential nonprofit program for developmentally disabled adults and children, 2 years working with parents facilitating a parenting group of first time parents with my wife using the MELD curriculum in the early 80's. Co-wrote and Administered a fatherhood grant working with young fathers and incarcerated fathers. Ran a fatherhood program in a Texas State jail and was Director of Incarcerated Programs for the National Fatherhood Initiative for a year and a half. I also raised two children now 22 and 26 who have excelled academically which I believe is from our learning the best practices in child rearing from the start.

BA in Social work in 1980 from New Mexico State University

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