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Miscarriage: A phenomenological
approach to the father's experience.
If you have a child in California, get a Paternity Test ASAP
Brandon Parsons is a young Marine who fought in Iraq and Afghanistan. On January 22, 2013, San Diego Superior Court Judge Gregory Pollack ruled that Brandon Parsons will have to continue paying child support for another twelve years for another man’s child.
His reason is that Brandon Parsons did not file his request for an order for DNA paternity testing of the child, Ashton Parsons, and the mother, Crystal Parsons, until two years after the child’s birth. Because of this delay, Brandon will have to continue paying child support for another twelve years for another man’s child.
Brandon is currently required to pay $1,377 per month, approximately one-third of his income, for a total of $16,524 per year. To date, he has paid over $50,000 to support Ashton and is on pace to pay over $250,000 before his obligation ends.
The Court found Crystal Parsons’ testimony to be totally untrustworthy. It called her actions in deliberately lying to Brandon about being the father of the child “despicable.” In his written opinion, Judge Pollack states his views as follows: “The court denies the motions of Respondent Brandon Parsons to set aside Judgment and order blood testing to determine paternity. The motions are statutorily untimely under Family Code Section 2122, 7646,7541 and C.C.P. Section 473. The Paternity determination set forth within the 2009 martial dissolution judgment stipulated to by father, is res judicata and not subject to an equitable se t aside.”
The court concludes that the Father was, in fact, despicably duped and victimized by Petitioner Crystal Parsons’ fraudulent concealment regarding biological paternity, a deception which has placed a significant, continuing financial burden upon the Father. Existing law, however, as applied to the facts of this case, precludes the court from setting aside the prior paternity determination. Unless the law is changed in this area, the fact pattern in this case represents the rare situation where the jurisprudence maxims of Civil Code Section 3517 (“No one can take advantage of [her] own wrong.”) and Civil Code Section 3523 (“For every wrong there is a remedy.”) are, regrettably, untrue.
Brandon has remarried and is now faced with having to struggle to take care of his family while paying for Crystal Parsons’ love child. He was targeted by Crystal Parsons because she was pregnant and had no money to cover the medical expenses associated with the birth of the child. He was a young Marine from Minnesota stationed at Camp Pendleton, Oceanside, California, when he met Crystal. She told him that because she was saving herself for marriage, they could not have relations.
According to the declaration of Brandon Parsons, she was sleeping with other men, however, and when she found out that she was pregnant, she quickly arranged to have relations with Brandon. Seventeen days later, she announced to him that she was pregnant. The medical benefits he could provide were far too tempting for her to resist. She simply lied to Brandon and went through with the wedding knowing she was laying the burden of supporting her lover’s child on Brandon.
This is the conduct the court found to be despicable. During his divorce proceedings in November 2008, he signed a waiver of his rights under the Servicemembers Civil Relief Act. This Act would have tolled all statutes of limitation against him, but since it had been waived, we had to argue for relief under the court’s equitable powers. Unfortunately, Judge Pollack refused to exercise his powers of equity and right this wrong.
Despite Judge Pollack’s strong language, Crystal Parsons has actually filed a motion asking the court to order Brandon to pay $8,535 to the lawyer she hired to defend her lies. This motion is continued to May 9, 2013. We have already decided that if she is awarded a penny in attorney fees, we will take it to the Supreme Court, if necessary.
Source: Note: Fathers and Families has a vibrant group of
volunteers getting organized in California. There is a lot of work to
be done on our issues. please email Rita
Fuerst Adams if you would like to join in.
Miscarriage: A phenomenological
approach to the father's experience.
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