“In a case that family law experts fear could set a dangerous precedent, a Michigan teenager is suing his mother to learn the identity of his father. Family law attorneys say the issue of compelling a mother to reveal the identity of the biological father is a new area of law. And depending on how the Michigan judge rules in the case, they say, courts nationally could see a new flood of lawsuits of children suing their parents.” (Tresa Baldas, National Law Journal, Aug. 11).
Chronicling the high cost of our legal system
Cato Institute
Individual liberty, free markets, and peace: the world's premier libertarian think tank. Publishes Cato at Liberty, where I blog on contemporary policy issues.
Schools for Misrule
Get your copy today! My new book tackles the question of why so many bad ideas come from the law schools. "Cutting-edge commentary, hard-hitting, witty, astute." -- Publisher's Weekly. "Excellent... A fine dissection of these strangely powerful institutions" -- Wall Street Journal.
{ 4 comments }
“You are opening the floodgates of litigation,” – I didn’t know those gates were closed?
Only family law attorneys would assume this will unleashe a rash of lawsuits as opposed to, say, a rash of honest discussion between parents and children.
Well, one has to look at the dynamic effects. Creating a legal right to force a parent to reveal an identity will probably not lead to lawsuits so much as unpleasant discussions where a parent is forced to reveal information they did not want to reveal. There is also a danger of parents using their children to force the disclosure of information that otherwise wouldn’t be disclosed.
Regardless, this kind of policy decision should be made by a legislature, rather than a court.
“Only family law attorneys…”
Judging by the track rcord of this country (and family law in particular), only a hopeless optimist would think otherwise.
(And no, I’m not an attorney.)
Comments on this entry are closed.