Tuesday, March 21, 2017

Beating a Dead Horse Called Paternity Fraud

Three reasons I fight... God, Family and Liberty



My good friend and fellow victim of Paternity Fraud, Brandon Jones opened his testimony before the Washington State House Judiciary Committee in 2016 with the following statement.

“There were many things I wanted to do with my life. Being the face of Paternity Fraud wasn’t one of them.”

Never before have these words rang so clear to me as they do today. Last night as I entered the local Tea Party monthly meeting, where I was scheduled to be one of the three speakers, in a presentation titled “Power Activists”, I was pulled aside and informed that some people felt my message against Paternity Fraud had “over saturated” the environment, and that I would be given five minutes to speak on a positive note in the face of the death of SB 5461, and to relay some sort of good-hearted message about where I was going from here.

The honest truth, is that I didn’t have any good-hearted message and don’t exactly know where I am going from here, and the words “Paternity Fraud” have become words that feel like vomit erupting from my throat that I wish I had never heard, and could never repeat again in my life. 

The fact that I had just spent three hours of my day grappling for some kind of new message to relay, was a stark reminder filling me with resentment that this was yet more time I had lost with my children and more time of my life that I will never get back.
The truth is that no one is more bored and tired of hearing and reading about this subject than yours truly, and yet I had struggled to “pull up my big girl panties” and serve my fellow citizens by going to task and speaking when I had been asked to… only to be told last minute that my message was overplayed and obsolete.

This isn’t the first time I have heard this message of being an over achiever, as one email from my local 26th LD Senator Angel wrote me a week before the death of SB 5461,

“I did hear you’ve contacted Senator Schoesler’ s office so much it didn’t help you - -I know how passionate you are about this bill however you are hurting its chances when you continually call leadership.”

To which my reply was…

“Thanks Jan I appreciate you reaching out.
Unfortunately, no one ever gave me a manual on passing Legislation. I am a citizen trying my best. I’m not perfect that’s for sure but I have tried to do better each year. Needless to say, I am more and more depressed at Legislators reactions to my imperfections and struggle to do better. 
It’s just sad at this point. I am not the only person requesting this change so I should hope that a good and fair bill wouldn't be allowed to die year after year because one person’s actions or personality was not looked favorably upon. 
Perhaps if law makers actually responded to inquiries I wouldn't keep calling or emailing. Unfortunately, again most legislators just send my emails to spam.
Best regards
Naomi”

This year has been particularly difficult due to being involved in an active court case, which means opening up old memories of our hellish nightmare spanning the last decade, on top of fighting for legislation and recently opening our home to the media and public scrutiny of our fight to end Paternity Fraud. I can tell you with certainty, that there were many things I wanted to do with my life and that being the face of Paternity Fraud activism wasn’t one of them.

I am just a woman, who decided to pull up my panties one day and fight for justice for my family and others across Washington. I do not ask for money for the work I do…the thousands of hours I have put into this fight has only cost my family. I do not do it for fame or fortune, and in all honesty, wish that I wasn’t known as “that paternity fraud lady” to the majority of Legislative Aids in Olympia.

I am tired and road weary… I have good days and bad. I am human, and I cry myself to sleep some nights, wishing more than anything that I could wake up in the morning and never have to think about or hear the words “Paternity Fraud” again…

But until my family is free, and until Legislators do their damned jobs and stop supporting legalized kidnapping, fraud, and extortion so that the State can profit from Federal subsidies under Title IV-D, I guess I will just have to keep waking up every morning and doing my thing… which is to beat this dead horse called Paternity Fraud.

If people get tired of hearing these words and this story, I can suggest earplugs or the door.

For those of you who stand beside me and continue to fight, I am forever indebted to your friendship and support.

God Bless

Naomi

Monday, February 20, 2017

Evans Family Request to WA Senate: DO PASS SB 5461 to #STOPPATERNITYFRAUD




Naomi and Andrew Evans Family
Bremerton, WA 98312

To: All Washington State Senators;
Re: SB 5461 The Disestablishing Paternity Act

Dear Honorable Members of the  Washington State Senate,65th Legislature 2017-18;

As one of the many families in Washington State currently living as victims of Mis-Attributed Paternity, we are respectfully asking the Washington State Legislature for the 4th consecutive year to support passage of Legislation that would bring equitable relief to all families enduring this hardship.

SB 5461 "The Disestablishing Paternity Act" Sponsored by Senators Rolfes,Pearson, Zeiger, Ranker, Angel, Kuderer, and Mullet; has passed the Senate Law and Justice Committee and is now in the Senate Rules.

We are requesting that SB 5461 be Pulled out of Rules and Scheduled on the Senate Floor for a DO PASS Vote as soon as possible.

A small group of citizens victimized by Mis-Attributed Paternity have worked diligently with Law Makers and Stakeholders for the past four years to create this piece of Legislation that considers and atones for all DSHS State Funding Concerns, Best Interest of Children and Families, and a bi-partisan solution that will bring equitable and just resolution to Stop future abuse of the system that has allowed Mis-Attributed Paternity aka "Paternity Fraud" to occur.

SB 5461 is truly the "Gold Standard" of Family Law Reform on this issue! 

17 other States have passed similar legislation over the past fifteen years and SB 5461 was written utilizing many of those various examples of reform across the country.

- SB 5461 Is designed to consider the best interest of the child.

All children, both non-genetic and the man’s genetic children, have always been, and remain of deepest concern within this bill. 

In fact, we have worked with stakeholders to create this bill with the belief that NO ONE should EVER have to go through the emotional and financial devastation created by Mis-Attributed Paternity.
We believe it is a child’s absolute right to know and be allowed access to their rightful parentage in the absence of a legal and open adoption, reproductive medicine, or finding of unfitness.

NOTE: The ability to Disestablish Non-Genetic Paternity within SB 5461 DOES NOT APPLY to Children of Adoption and Reproductive Medicine, or Children that have already been established via DNA testing.

We also believe it is an absolute right for the genetic children to be provided for by their fathers, and a right to a secured sense of emotional and financial stability unfettered by an outside party seeking to manipulate the laws in order to rob them of these rights.

“the higher and supreme object of the law which is to do full justice in all cases”- MATTHEWS V. GRACE

-SB 5461 Fixes the unintended consequences of the current statute of limitations.

Current RCW does not provide an effective pathway to disestablish paternity under the basis of fraud, duress or material mistake of fact within a timely manner.

The current RCW allows a 4 year statute of limitations from the establishment of paternity, with broad discretion given to the judicial branch to DENY petitions within that 4 year Statute of Limitation based on any claim of “best interest of the child”, which most often equates to “Someone has to pay for the child, even if you are not the biological father”.

 The current statute of limitations has encouraged deceptive practices within paternity establishment by some women, seeking to financially gain from high earning men. After the statute of limitations has expired the person who has set out to deceive will continue to be rewarded monetarily for such deceit with no liability or repercussion to such action.

Unfortunately the children continue to be used as financial pawns and made into “fatherless children” when the mothers and/or the court sever all emotional ties between the non-father and child. 

SB 5461 provides an equitable and reasonable solution to this problem, by providing a statute that begins upon discovery of material mistake of fact, the intent is to STOP the deceptive practices from occurring in the first place so that true paternity is established from the beginning, and children are not left “fatherless”.

“principles of collateral estoppel may not be invoked to sustain fraud.”- CAMPBELL v. CAMPBELL, VA Court of Appeals, January 1999

-SB 5461 Allows a legal path for true Paternity to be established.

My husband and I have known the location and identity of the child’s father since 2009, just after discovery of the fraud.

Currently there is no legal path to establish this man as the father of his child. 
SB 5461 would correct this current issue and allow a non-genetic father to disestablish paternity, which would open the legal path to re-establish true genetic paternity as already prescribed within law. 42 USC 666(a)(5)(A)(i).

It has been proven within the 17 states that have passed similar legislation, that collection of child support was INCREASED across the state due to biological fathers being more willing to pay child support for their children; where as many victims of Mis-Attributed Paternity are more likely to avoid paying support after the discovery of the truth. 

“While it is the policy of this state to require fathers to support their minor children, it is not the policy to extort such support from persons who are not in fact the fathers.” SMITH v. DEPARTMENT OF HUMAN RESOURCES, Court of Appeals, Georgia, May 16, 1997

-SB 5461 IS A HUMAN RIGHTS ISSUE

This Paramount Legislation addresses the issue of basic Human Rights.

We have considered the best Interest of Children as that of an inalienable Right to know one's Genetic Parentage. In the absence of a Legal Adoption, it is always in the best interest of a Child to know who their true father is.

It is also an inalienable Right of a Father to know and have access to their child, in the absence of a finding of unfitness.

It is unfortunate that the children of these cases, have been allowed to be used as pawns for financial gain, and have been rendered "Fatherless", with the exception of extorting financial support from a man who is not their fathers.

As a Mother and a Woman, I have supported Equal Rights for Women and Men. This Legislation is specifically designed to provide an Equitable and Just path to restoring the Basic and Inalienable Rights of Children and Men, where the laws have currently created and perpetuated an unintended violation of those rights.

-SB 5461 False Representations of Child's Best Emotional Parentage.

Imagine if a woman walked into a hospital and kidnapped a baby... Now imagine this "Kidnapper" went on to love and care for that baby as her own for the next 4 years before she was caught by law enforcement.  

Our Society and Judicial System would Never claim that because the child was not harmed and had in fact developed a loving parent/child bond with the "Kidnapper", that the child should remain in the care and custody of the Kidnapper.  In reality the child would be returned to the rightful biological parents, and the crime would be punished.

The moral and logical point of this story is to respectfully bring this idea to the attention of those Law Makers who have any remaining belief that it is in the best interest of the non-genetic children in cases of Mis-Attributed Paternity, to continue living a lie after a 4 year statute of limitations has expired.

To continue supporting this idea, is the same as believing the child in the case of the Kidnapping, should remain living with the Kidnapper due to emotional ties.

The fact remains, there are Biological Fathers in these cases who have had a child taken from them, who are currently denied an equitable and legal path to justice and the establishment of their parentage.

Women’s rights are NOT the right to commit Fraud, Kidnapping and Extortion against Children and Men.

We Respectfully ask for your passage of SB 5461 to help restore these rights to Children and Families across Washington.

Sincerely,
The Evans Family

To read more about our current issue and ongoing legal battle with Paternity Fraud, please visit my website:

Wednesday, February 15, 2017

Request WA SLJ Committee DO PASS SB 5461 to #STOPPATERNITYFRAUD



February 15, 2017


To: The Senate Law and Justice Committee Chair, and Esteemed Members;
Re: SB 5461 The Disestablishing Paternity Act

Dear Honorable Chairman Padden and Esteemed Members of the Senate Law and Justice Committee;

I would like to start by thanking you for holding a Public Hearing for SB 5461 on February 9th, 2017.  It was very unfortunate that this year posed unforeseen hardships on many of the victims of Mis-Attributed Paternity whom have testified in recent past years, which prevented them from an ability to give Public Testimony in Support of this paramount legislation. 

However, I would like to thank you for graciously pressing forward on SB 5461, and scheduling the bill for Executive Session on Thursday February 16th.  I am so very thankful for your understanding and support on this issue, as most of you know of my family’s and many other’s personal experience with Mis-Attributed Paternity.

I watched the Public Testimony for SB 5461 on TVW, and so would like to point out a few things that I hope you will all consider during your decision within the Executive Session, as well as request that you DO PASS SB 5461 out of Committee.

What SB 5461 DOES DO:

-SB 5461 is designed to consider the best interest of the child.
All children, both non-genetic and the man’s genetic children, have always been, and remain of deepest concern within this bill. Those of us asking for this reform, want to express with the utmost sincerity, that we do not wish any harm upon the non-genetic children in these unfortunate cases. In fact, we have worked with stakeholders to create this bill with the belief that NO ONE should EVER have to go through the emotional and financial devastation created by Mis-Attributed Paternity. We believe it is a child’s absolute right to know and be allowed access to their rightful parentage in the absence of a legal and open adoption, reproductive medicine, or finding of unfitness. We also believe it is an absolute right for the genetic children to be provided for by their fathers, and a right to a secured sense of emotional and financial stability unfettered by an outside party seeking to manipulate the laws in order to rob them of these rights.

“the higher and supreme object of the law which is to do full justice in all cases”- MATTHEWS V. GRACE

-SB 5461 fixes the unintended consequences of the current statute of limitations.
Current RCW does not provide an effective pathway to disestablish paternity under the basis of fraud, duress or material mistake of fact within a timely manner. The current RCW allows a 4 year statute of limitations from the establishment of paternity, with broad discretion given to the judicial branch to DENY petitions within that 4 year Statute of Limitation based on any claim of “best interest of the child”, which most often equates to “Someone has to pay for the child, even if you are not the biological father”. Our group has seen this happen in many cases that were challenged within the prescribed time frame. The current statute of limitations has encouraged deceptive practices within paternity establishment by some women, seeking to financially gain from high earning men. After the statute of limitations has expired the person who has set out to deceive will continue to be rewarded monetarily for such deceit with no liability or repercussion to such action, and unfortunately the children continue to be used as financial pawns and made into “fatherless children” when the mothers and/or the court sever all emotional ties between the father and child.  SB 5461 provides an equitable and reasonable solution to this problem, by providing a statute that begins upon discovery of material mistake of fact, the intent is to STOP the deceptive practices from occurring in the first place so that true paternity is established from the beginning, and children are not left “fatherless”.

“principles of collateral estoppel may not be invoked to sustain fraud.”- CAMPBELL v. CAMPBELL, VA Court of Appeals, January 1999

-SB 5461 allows a legal path for true Paternity to be established.
My husband and I have known the location and identity of the child’s father since 2009 just after discovery of the fraud. Currently there is no legal path to establish this man as the father of his child. The only option we are legally allowed is a civil action against this man to force him to reimburse our child support amount paid. This man would never be allowed any rights of a father for his own child, yet would be forced to pay a debt that was not based on his income. SB 5461 would correct this current issue and allow a non-genetic father to disestablish paternity, which would open the legal path to re-establish true genetic paternity as already prescribed within law. 42 USC 666(a)(5)(A)(i). It has been proven that within the 17 states that have passed similar legislation, that collection of child support overall was INCREASED across the state due to biological fathers being more willing to pay child support for their children; where as many victims of Mis-Attributed Paternity are more likely to avoid paying support after the discovery of the truth. This solution helps both the children at issue and the state’s budget in regard to Title IV-D Collection.

“While it is the policy of this state to require fathers to support their minor children, it is not the policy to extort such support from persons who are not in fact the fathers.” SMITH v. DEPARTMENT OF HUMAN RESOURCES, Court of Appeals, Georgia, May 16, 1997

-SB 5461 HAS NOTHING TO DO WITH DOMESTIC VIOLENCE OR VICTIMS OF ASSAULT! And two wrongs do not make a RIGHT!
Regardless of any imagined or projected claims that were made by a representative of the WA Coalition of Assault Victims, there has never been one Mother within cases of Mis-Attributed Paternity, who has come forward and asked Legislators not to pass this reform because she had lied to a sexual partner about the paternity of a child due to fear of DM, or rape.  This is an absolute lie and created fable in comparison to the reality that we victims have explained.  I believe in equal rights for Women and Men. I also know it takes both to equally create a child. There are current laws in place under VAWA that protect women from violence. As a Woman and Mother, I find that any feminist organization representing that “Women’s rights” are the right to commit Fraud, Kidnapping and Extortion against Children and Men, is vile and disgusting to the “Women’s Rights” movement.

I would Respectfully ask for your passage of SB 5461 to help restored these rights to Children and Families across Washington.

Sincerely,
Naomi Evans

Monday, February 13, 2017

SB 5461 is Scheduled for Executive Session: CALL TO ACTION to pass out of SLJ Committee!



Update and Call to Action on SB 5461 to Stop Paternity Fraud in WA State.

Last week the Senate Law and Justice Committee held a Public Hearing on SB 5461, I want to thank those people who were able to send in their testimony, and those who were able to sign in to support the bill, however due to conflicting schedules and weather, No one was able to give personal testimony in support of this paramount bill that would relieve men and families currently forced to support non genetic children.

There was however, several testimonials from the opposition feminist groups claiming that women should not have to tell the truth of who the father of her child is due to fears of domestic violence, or best interest of the child being to maintain support from non genetic fathers. You can watch testimony on SB 5461 here at the 1:20:00 mark: Senate Law and Justice Committee Hearing Feb. 9th 2017

GOOD NEWS!
Regardless of a lack of personal testimony, Senator Mike Padden, (Chairman of the Senate Law and Justice Committee) has scheduled SB 5461 for an Executive Session on February 16th.  This Executive Session is when the Committee will vote whether or not to pass the bill out of Committee onto the Rules Committee. The cutoff deadline for SB 5461 to pass through the SLJ is on Feb. 17th, so this Executive session is extremely important!

CALL TO ACTION
Please call and/or email members of the Senate Law and Justice Committee listed below and respectfully request their support in passing SB 5461 out of Committee.  This is just as important as the other requests for action!  Because no one was able to personally testify, it is more important than ever to contact these law makers and let them know you still support SB 5461 passage!

CALL 
Senator Mike Padden (Chair)- 360-786-7606 
Senator Steve O'ban (Vice Chair)- 360-786-7654
Senator Jamie Pederssen (Ranking Minority Member)- 360-786-7628
Senator Jan Angel- 360-786-7650
Senator Jeannie Darneille- 360-786-7652
Senator David Frockt- 360-786-7690
Senator Lynda Wilson- 360-786-7632

EMAIL
mike.padden@leg.wa.gov; steve.oban@leg.wa.gov; jamie.pedersen@leg.wa.gov; jan.angel@leg.wa.gov; david.frockt@leg.wa.gov; lynda.wilson@leg.wa.gov; j.darneille@leg.wa.gov

(copy and paste this email list into your address bar for email)

Thank you for all your continued help and support to #STOPPATERNITYFRAUD


Saturday, February 4, 2017

Public Hearing Announcement for SB 5461 The Disestablishing Paternity Act

Shon M, Kyle P, Naomi Evans, CJ Abernathey, Brandon Jones, Gordon Claxton Testimony 2016


Public Hearing Announcement on SB 5461 the Disestablishing Paternity Act to #STOPPATERNITYFRAUD

Please join us in Olympia, WA at the WA State Capital to give public testimony in SUPPORT of passing SB 5461:

Date: Thursday, February 9th, 2017

Time: 10:00 AM

Place: Senate Law and Justice Committee, in the John A. Cherberg Building, Olympia, WA

Please Note a little Advice:

-Arrive early! Recommend 9 AM to allow time to find parking and sign in to testify.
-Bring quarters and debt card to pay for parking.
-Bring a typed and signed written statement of testimony no more than 2 minutes in length, and give your written testimony to the Committee Staff when you are done with your testimony, so they may put it on the record. Bring 3 extra copies to deliver to your 3 Legislators offices when you are done.
-Bring a friend and tour your Legislative Offices when you are done...talk to your law makers about the issue of Paternity Fraud and how they can support the passage of this reform!

SB 5461 can be viewed here: SB 5461 WA Legislature 2017

MAPS of the capital can be found here: Capital Campus and Parking Map
John A. Cherberg Building Map

Explanation on how to testify:  How to Testify before Committee

Tuesday, January 17, 2017

Help HB 1306 the Evans family relief act to #STOPPATERNITYFRAUD get a Public Hearing!




Quick Easy ways to help pass Legislation to Stop Paternity Fraud: 

Keyboard Warriors and busy Activist Welcome!

"The Evans Family Relief Act" HB 1306 to Stop Paternity Fraud has been filed by Rep. Matt Shea for the 2017 Washington State Legislature. 
We need help from WA Constituents to ensure a Public Hearing for HB 1306. YOU CAN DO THIS! ITS AS EASY AS:

1. Go to https://app.leg.wa.gov/pbc/bill//1306 and Leave a Personal comment in SUPPORT of this legislation. This message will go directly to all three of your local legislators. Let your VOTE be heard!

2. EMAIL the House Judiciary Members listed below and demand (respectfully) a PUBLIC HEARING ON HB 1306. (copy and paste the list into your email address tab)


laurie.jinkins@leg.wa.gov; christine.kilduff@leg.wa.gov; tina.orwall@leg.wa.gov; dick.muri@leg.wa.gov; jay.rodne@leg.wa.gov; noel.frame@leg.wa.gov; roger.goodman@leg.wa.gov; paul.graves@leg.wa.gov; larry.haler@leg.wa.gov; drew.hansen@leg.wa.gov; steve.kirby@leg.wa.gov; brad.klippert@leg.wa.gov

3. PHONE CALLS: Call the House Judiciary members listed below and demand (Respectfully) a PUBLIC HEARING ON HB 1306:

Jinkins, Laurie (D)Chair (360) 786-7930
Kilduff, Christine (D)Vice Chair (360) 786-7958
Rodne, Jay (R) Ranking Minority Member (360) 786-7852
Frame, Noel (D) (360) 786-7814
Goodman, Roger (D) (360) 786-7878
Graves, Paul (R) (360) 786-7876
Haler, Larry (R) (360) 786-7986
Hansen, Drew (D) (360) 786-7842
Kirby, Steve (D) (360) 786-7996
Klippert, Brad (R) (360) 786-7882
Orwall, Tina (D) 326 (360) 786-7834


Remember to be PERSISTENT! If you call one Legislator and do not get through right away, please skip and call another... The only failure is to fail to even try! 
The only way I have ever got the previous years bill up for a hearing or to the Senate floor was by persistence and repeated emails and phone calls... The squeaky wheel gets the oil as they say. 

Thank you for helping. Together we can do great deeds!

Naomi Evans