Thought this would be a good discussion topic The topic would be a 16th century old law that is called Presumption of Paternity. First lets define "Presumption of Paternity" Definition: In the state of Pennsylvania whenever a child is born to a married couple, the husband is automatically presumed to be the father. This is known as the "presumption of paternity." The state of Pennsylvania even take the presumption of paternity one step further by not allowing a man to disprove biological paternity through DNA. As a result, some men are forced to pay child support for children they have not biologically fathered. This law "Presumption of paternity" allows a woman to have an affair, reconcile with her husband and the 3rd party biological father has no legal right to be with his son/daughter. This law also allows for a woman to have an affair with another man, give birth to that child. Her husband finds out that this child is not his and by law have to pay child support to a child that is not even his child. A picture of Myself (Bobby Hamersley , Lori Brown and Landin) is shown to the left...My Avatar, Photo was taken in December, 2003. Here is my story.... I have currently been fighting this "Presumption of Paternity" law for the last 2 years. I am the biological father of Landin Lee Brown that was born 06/05/03. Landin was born in Pennsylvania and I sued Lori Brown and Will Brown in York County Common Pleas Court. Lori Brown had a 4 year affair with myself and from that affair we conceived Landin Lee Brown. Since Lori was never divorced from Willard(Will) Brown the child is considered to be a product of the marriage in Pennsylvania law regardless of biology. The court documents show a 4 year affair between to two of us. It will show that Mr. Hamersley(Myself) and Lori Brown held Landin out to be their own child in public time and time again from the age of birth to 2 years old. But once Will Brown and Lori Brown decided to reconcile their marriage they wanted me not be in Landin's life. I sued Lori for child custody and won in the lower court (York County Common Pleas) just to have it overturned in the superior court in Harrisburg. The findings the superior court found that since Lori Brown and Will Brown was still married ("intact Family"), (How can their be an intact family when she is spending time with me in Florida all the time.) But, Landin is considered a product from that marriage and no 3rd party entity can dispute this. You have to shake your head and realize that this child will learn who his real father is when he turns 18 years of age. Why when a father that is trying to do the right thing to support and raise his son gets rejected by the Superior Courts, and have no concern for the biological father. Its a shame that I have a child in this world and the state of Pennsylvania tells me regardless if you are the biological father you have no legal rights to your own son and the reason is because of an old archaic 16th century law. This law also ensures that any man who impregnates a married woman can avoid the responsibility of supporting his own biological child. In my case I want to be a part of my sons life. I want to be the best father to my son. So I have to wake up each morning wondering what my son is doing, what toys he likes to play with, what is his favorite cartoon, will I ever get to read him a bed time story or will I ever get to put my arms around him and give him the biggest hug and tell him how much I love him. After countless emails, Lori Brown will not discuss Landin with me. She will not tell me one thing about my own biological son. I ask a question to everyone, Is this a fair law?? This law actually seems to do more harm then good. When Landin turns 18 he will be shocked to find out that he was lied to for his entire life, that he never got to know his real father. How does this law protect the child from that news? It is, however, time to end adjudication by legal fiction in this area of the law. The presiding judge (Richard K. Renn - Judge Court of Common Pleas, From the city of York) stated in his conclusion of my case...The first step in sorting out the myriad of interpersonal relationships presented to the courts for resolution, including that of "parent" and child, is to know what relationship the parties are to each other, first, biologically, then otherwise. All the "players" should know the one fact that is, now virtually certain in this litigation the parentage of the child. Then we can proceed to sort out the other issues implicated by that knowledge, including issues of financial support, emotional support, and custody. Lori Brown appealed to the superior court and the Superior court in Harrisburg read Judge Richard K. Renn's ruling and overturned Renn's decision. The verdict was handed down in May of 2007. I would like to appeal to the Pennsylvania Supreme Court. The question I would like to ask is....Can I still appeal to the Supreme Court. I know I was given 30 days to do so. The 30 days have passed but I would like to appeal. Anyone that might know any information about appealing to the Pennsylvania supreme court that could help me please contact me at bobbyhamersley@yahoo.com or post a message. My son Landin is now 4 1/2 years old. Desperate Father, Bobby Hamersley |