Pretty fuc^&d up...

[Frenchy68 0]

Oooops!
"Anthony Flores, 29, has been paying Frey $175 a month for nearly four years, his attorney, Glenn Wilson, said Wednesday. The father of the 4-year-old girl is actually Fresno restaurant owner Christopher Funch, Wilson said."
I can't imagine finding out that my 4 year old daughter is actually not mine...
What is wrong with people?

"For once you have tasted Absinthe you will walk the earth with your eyes turned towards the gutter, for there you have been and there you will long to return."

[lawrocket 3]

This is not exactly surprising 'round here. On Friday night, Ms. frey was spotted accompanying another gentleman at a 20-year high school reuinion here in town.

I'll have to ask Glenn about this one. Glenn's a pretty good guy and a judge pro tem up here in the family courts. He's one of the attorneys I'm friendliest with around here - maybe 1 of 7 or 8 local family law attorneys that I actually like.

Still, this looks like a bitch of a case for not-quite-dad, though. Apparently, there is already a judgment against him for child support that is four years old. If he has either admitted that he is the father in court or had a judgment against him, he may be unable to reverse this under the law. If he knowingly stipulated to the child support then he will likely be equitably estopped from denying paternity as a matter of law after 4 years.

In 1997, a California Appeals court held that under doctrine of res judicata, adjudicated father's action to establish nonpaternity was barred in light of his prior stipulation to paternity, even though blood tests established that he was not child's biological father.

I'd like to see if Gloria Allred fights this. Last time she was up here in a child support/visitation/custody dispute (with Frey's other kid) Judge Petrucelli smacked her down a bit.

My wife is hotter than your wife.

[kallend 2,151]

Well, if actual innocence is not grounds under the law for not being executed, then not being the father hardly seems grounds for not paying child support.

...

The only sure way to survive a canopy collision is not to have one.

[Frenchy68 0]

The legal aspect of it I think is quite interesting, as there are 3 parties involved (one of them being involved 4 years ago, then recently resurfaced!).
But what worries me is the child. Having known a father who isn't her father, and finding out who her father is, even though he wasn't legally before, and...! Oh yeah, the fact that her mother was THE key witness in a first degree murder... Ouch.

"For once you have tasted Absinthe you will walk the earth with your eyes turned towards the gutter, for there you have been and there you will long to return."

[lawrocket 3]

Hmmm. Well, I'll be. It looks like this issue was already decided. This happened in Madera County (justa couple of miles south of the Parachute Center) on Monday. A court commissioner there accepted the DNA test that proved that Flores wasn't pops.

So, Flores is free and clear of the child support obligations. Of course, he hadn't made good on all of them in the past and had his driver's license suspended, etc. She apparently told him he was the only one that could have been the father.

It also looks like this four-year-old now found out about the real daddy, and the real daddy has acknowledged the child. At least that's good, but think about the trauma to this poor kid now.

So, apparently, this error was corrected by the court. Procedurally, I wonder what happened. I'll ask Glenn.

My wife is hotter than your wife.

[lisamariewillbe 1]

I dont care much to go into the mother and her behavior. Its pretty obvious what she is.

On the child. Well kids are stronger then we give them credit for. Sometimes it is our trauma in our lives that help us in our futures. I also think with being 4 years old, yes there will be some confusion on her part, but as long as the other aspects in her life are solid then this wont be to hard to over come.

I am not a man so maybe writing this next part is out of line. If I took care of a child for 4 years, believing it to be my flesh and blood, and then found out that in fact the other parent was a lying whore. I would still fight to see that child. I would want to be in her life. My love would not stop because of the DNA. 4 years is a long time, and I cant imagine what the father is going through. The support payments would be the least of my worries. Id want to still be that childs parent.

Sudsy Fist: i don't think i'd ever say this
Sudsy Fist: but you're looking damn sudsydoable in this

[rhino 0]

Quote

I can't imagine finding out that my 4 year old daughter is actually not mine...

At that point I would proceed as normal.. I'd fight to stay a part of her life.

[lawrocket 3]

lisa:

From the strory, you can see that this whole thing got started when the putative father went to court to get some visitation rights. Apparently he had been denied visitation. For how long? Who knows. Probably the whole time. I doubt this guy ever got a chance to know this child in the first place, now that I think about it more.

Recall, however, that this is the same child that Scott Petersen picked up from day care the day after Frey met him.

My wife is hotter than your wife.

[Pendejo 0]

Quote

So, apparently, this error was corrected by the court. Procedurally, I wonder what happened. I'll ask Glenn.

So does she have to pay back the money he paid her?

Pendejo

He who swoops the ditch and does not get out buys the BEER!!

[lawrocket 3]

Quote

Procedurally, I wonder what happened.

Here's what happened. This guy Flores contacted the attorney to ge visitation and custody rights. As said in the earlier stories, he had been previously denied visitation. In this custod/visitation battle, he had begun making some headway.

So, seeing that Flores was about to get some visitation rights, Amber Frey looked to confirm her suspicions. Why? To make sure that he never got custody or visitation. So when she got the DNA test, it proved he was not the father. The court could therefore not give any visitation to him. The support order then fell by the wayside.

Under the Family Code, Flores can't get the money back. But, it doesn't mean he won't have any actions. He can sue Frey civilly for damages (I'd include fraud in it). Believe it or not, I think that he may actually have an action against the publisher of her book - if she talked about him in it. That would be the big money for him.

I've got good reason to believe that this ain't over.

My wife is hotter than your wife.