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Archive for the ‘Family Law’ Category

Did Hitler Have A Son?

posted by DNA Identifiers @ 2:08 PM
Tuesday, March 26, 2013

New evidence emerged in February of 2012 to support the controversial claim that Hitler had a son with a French teenager.

The man, Jean-Marie Loret, who claimed to be the Hitler’s son back in 1981 in his autobiography titled “Your Father’s Name Was Hitler.” Died four years later, at the age of 67, having never been able to prove his family line. Loret’s Paris lawyer, François Gibault, told a French magazine that a number of photographs and documents can now support the claim of paternity to Hitler, as well as how Loret discovered his heritage.

Jean-Marie Loret was born in March, 1918. He grew up knowing nothing about his father, only that his mother, Charlotte Lobjoie, had given him away for adoption to a family with the name Loret. It wasn’t until the early 1950s, just before his biological mother’s death, that she told him her secret – that at 16 year of age she had a brief affair with Adolf Hitler and he was conceived after what she claimed was a “tipsy” evening in June 1917.

Charlotte Lobjoie told Jean-Marie Loret “I was cutting hay with other women, when we saw a German soldier on the other side of the street. He had a sketch pad and seemed to be drawing. All the women found this soldier interesting and wanted to know what he was drawing. They picked me to try to approach him,” she said. They started a brief relationship, and the following year Jean-Marie was born.

“On the rare occasions your father was around, he liked to take me for walks in the countryside. But these walks usually ended badly. Your father, inspired by nature, launched into speeches I did not really understand,” Miss Lobjoie said. She recalled that Loret’s father did not speak French “but solely ranted in German, talking to an imaginary audience.”

The new evidence included official Wehrmacht, documents which show that officers brought envelopes of cash to Lobjoie during the German occupation of France. In addition paintings signed “Adolf Hitler” were discovered in Miss Lobjoie’s attic, including a picture of a woman painted by Hitler which according to Le Point magazine, “looked exactly like Loret’s mother.”

In what he called a “manic effort” to prove or disprove his mother’s claim, Loret used the services of  geneticists, handwriting experts and historians. In an effort to share his discovery and the journey that followed, Loret wrote a book titled “Your Father’s Name Was Hitler,”.

Loret’s lawyer, Gibault, states that Loret’s children could claim royalties from Hitler’s Mein Kampf based on this evidence.

 

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Professional DNA Collecting – The Scary Side of Clients

posted by DNA Identifiers @ 3:14 PM
Thursday, September 27, 2012

Collecting DNA samples from individuals can be a very intimate situation. In most cases, the clients are nervous and anxious, which is understandable since the DNA test results can be life changing. Generally, meeting with clients and performing the collection goes well and everyone is on their best behavior. However, sometimes we find ourselves in emotionally charged situations and it can be a little unsettling, especially when the collection is performed by a mobile collector at the home of the clients. Regardless or where the collection takes place, we always hope that there is no fighting, or worse, violence, while performing the DNA collection service.

A recent news report reminds us that we need to always be careful  - we never know what the true situation is and we never know if the people that we are collecting DNA from are sane. For example:

According to the Arlington, Texas police, a man by the name of Thomas Olivas, age 29, was arrested in the death of his ex-girlfriend, Mechelle Danielle Gandy, age 26, and her 1 year old child, a boy, Asher Rion Olivas.

Police reported that, on March 2011, Thomas murdered the mother and child by stabbing Mechelle to death, and then dousing the room where Asher was sleeping in his crib with gasoline, and then lighting the apartment on fire. His motives are said to be that he did not want to pay child support and called Asher “the devil’s child” on Facebook. A forensic DNA paternity test was performed using the child’s remains and as it turned out, Thomas Olivas WAS the father of the child. The mother and child were buried in Moore Memorial Gardens Cemetery in Arlington.

It is these types of terrible tragedies that concern us. We realize that we are working with people who could be criminally insane, dangerous and emotionally unstable. It’s not something that we wish to be caught up in. We feel for any family that has to endure such a terrible ordeal!

Author: Meagan Thompson

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The Importance Of DNA In Estate Planning

posted by DNA Identifiers @ 11:35 AM
Friday, July 27, 2012

Regardless of net worth, it is important for all individuals to have a basic estate plan in place.  This can be done with a family attorney or there are many online legal aid sites that can assist you in creating the proper document. Most often the biological children of deceased individuals have inheritance rights, DNA is being used more and more when estates are in question.

In some cases, previously unknown children can appear to claim part of the estate. Or, a greedy or unhappy family members may claim that a beneficiary is not a biological descendant of the deceased person. Depending on the timing of the claim, defending this claim could require exhumation or testing of autopsy specimens, neither of which is a pleasant process and which can be an expensive process.

DNA has emerged as a common tool in modern human identification and has magnificent and unparalleled applications in modern society. The best defense is a strong offense. In many cases proper legal registration of your DNA profile with your estate planner or attorney will help ensure legal and rightful administration of your estate, should the need arise.

The DNA relationship testing market has been growing steadily over the last twenty years.  Prices are decreasing and the easy of testing is increasing. Today, it is projected that the annual number of persons that will participate in some type of paternity or extended relationship test will exceed 1 million. In sharp contrast, it is estimated that less than 200,000 persons were tested in 1988. The increased demand for DNA testing has been fueled by greater public awareness of the power of DNA and the affordability and easy access to testing.

According to the National Center for Health Statistics, 2007 was a record year for births in the United States, there were 4,315,000 recorded births. Experts think that the increase has to do with a range of factors, including immigrants having more children, professional women delaying pregnancy until their 40s and a larger population of women in their 20s and 30s. These factors, coupled with the fact that 38.5% of all U.S. births in 2006 were from unwed mothers translates into an increasing need for education of families about the importance of knowing ones biological parents.

About DNA

DNA is the map of life and defines the essence of our individuality. Despite the size of the human genome, over 3.2 billion genetic markers, 99.9% of the DNA in all unrelated people in the world is identical. Thus, the vast differences observed in the human race are created from the minute differences in only 0.1% of DNA. An individual’s DNA can contain valuable information to help the lives of present and future generations. Locked in our DNA code are the secrets of our ancestry and medical conditions that scientists are only now beginning to understand.

PATERNITY

It is natural for families to want to know who the biological father of their baby is. Nationwide, approximately 30% of tested men are excluded as the biological father.  That means that 3 out of 10 test comes back as a negative result for paternity. A child has the right to the sense of identity that comes from knowing who both biological parents are. Knowledge of a child’s biological heritage is also very important in understanding future possible health risks. In addition, determining paternity gives a child legal right to receive financial support from the father and to inherit from the father.  This is the same if the mother is unknown.  In an era when adoption is a popular option it is important to remember that more and more people do not know either biological parent.

RELATIONSHIP TESTING

Relationship DNA testing can determine if a long lost brother or sister, grandparent, aunt or uncle is truly related to the family in question. DNA testing can also reveal if twins are identical or fraternal. Modern DNA testing can provide answers for a new world of relationships. Paternity testing can also be performed indirectly by testing relatives of an alleged father.

FORENSIC PATERNITY

If a person is deceased or unavailable for testing which is often the case in the question of estate settlement, forensic DNA testing can be an invaluable tool.  DNA can be found on evidence that is decades old. Common sources of forensic DNA evidence include: fingernail clippings, hair with roots or follicles, chewing gum, used beverage containers, eyeglasses, hats, lickable stamps or envelopes, teeth, post mortem tissue, a toothbrush, or cigarette butt.  The results that can be looked for from each item differs and it is best to contact your laboratory to see what items they recommend. For more infomation on DNA testing and how it can asssit you please contact DNA Identifiers.  Remeber regardless of you net worth it is important to have an estate plan in place and DNA can be an important part of your plan.

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Challenging Paternity with DNA Tests

posted by DNA Identifiers @ 12:12 PM
Thursday, July 26, 2012

Paternity for many is a tough issue, both emotionally and legally. Paternity is assigned to men and boys in a few ways. The first is by marriage. Men are automatically assumed to be the father if they are married to the mother or in many states if they attempted to marry the mother and did not do so in a legal manner. The second is by voluntary acknowledgment. This is a typically a form that is signed in the hospital prior to the release of the mother and child. The third is by court judgment.

Most if not all states have a law that looks something like this:

(1) A man is presumed to be the father of a child if:

(a) He and the mother of the child are married to each other and the child is born during the marriage;

(b) He and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity;

(c) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is, or could be, declared invalid and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity; or

(d) After the birth of the child, he and the mother of the child have married each other in apparent compliance with law, whether or not the marriage is, or could be declared invalid, and he voluntarily asserted his paternity of the child, and:

(i) The assertion is in a record filed with the state registrar of vital statistics;

(ii) Agreed to be and is named as the child’s father on the child’s birth certificate; or

(iii) Promised in a record to support the child as his own.

(RCW 26.26.116 Presumption of paternity in context of marriage. on leg.wa.gov)

While this law might seem reasonable to many it does not take into account that it is estimated that 40% of wives will have an affair at some point in their marriage (www.caughthercheating.com) What if that child is not the husbands?

The second way is for the father and mother to sign Voluntary Acknowledgment of Paternity form at the hospital when you have your baby. The hospital staff will give you this form and help you complete it. When you and the child’s father sign the Voluntary Acknowledgment of Paternity form, the father’s name will be placed on the birth certificate.

If you and the baby’s father are unable to sign the Voluntary Acknowledgment of Paternity form at the hospital, you may complete it at home. Your signature must be witnessed by someone over 18 years old, and by a person not named on the voluntary acknowledgment.

You don’t have to be the biological father to sign this form there is no proof required you are stating you are the father and will be responsible the moment you sign this from. Most states but not all have laws that allow you to challenge paternity that is assigned based on the Voluntary Acknowledgment of Paternity. They typically have a set time period with in which you can contest your paternity.

The third way is to have paternity assigned to you by a court. This can happen if the alleged father does not responded to a woman’s claim for paternity or if the Judge or Jury feels that it is in the best interest of the child. For example a section of Missouri’s bill requires courts to balance the best interests of the child and the hardships of the man who is contesting paternity regardless of a DNA test proving that he is not the father.

“James McClendon knows he’s not the biological father of his ex-girlfriend’s 16-year-old son. He’s got a DNA test to prove it. But his wages are trimmed each month to pay thousands in child support debt. McClendon, who lives in St. Louis, has been fighting a 10-year legal battle to overturn a paternity ruling that says he’s the child’s father. Between legal bills, supporting his three biological children and several failed jobs, he’s built up $25,000 in child support debt.” (States move to allow DNA paternity challenges, By LEE LOGAN The Associated Press www.kansascity.com)

Stories like this are not all that uncommon unfortunately and have been a leading reason why in over 30 states laws are being or have been enacted to allow men to challenge paternity with a DNA test. A major force lobbying for changes to paternity laws is Carnell Smith, an engineer in Atlanta. Smith successfully lobbied for a Georgia law that allows men to challenge paternity at any time. Smith who calls himself a victim of “paternity fraud,” used this same law to erase his own paternity ruling in 2003. Carnell Smith has formed a national organization lobbing for similar laws in other states.

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Family Law

posted by DNA Identifiers @ 3:00 PM
Thursday, October 14, 2010

by James Hawthorne

There are many difficult situations a family can face. When the unthinkable happens, such as a divorce, finding out about child abuse or a child abduction, or having to deal with estate settlements, the legal terms and rules will not be your first concern. The amount of work to be done when life changing events happen can seem overwhelming. If you need to work with the legal system it can seem even harder.  The legal system is a very complex system, it might seem expensive and time consuming to seek advice from a lawyer, but doing so can in the long run save you both money and time.

It is important to seek advice from a lawyer who specializes in your specific legal problem. He or she will use expertise and experience to reach the best possible outcome to the situation.

Family law is the area of the law that deals with domestic relations and any family related issues. Situations such as the nature of marriage and domestic partnerships, issues involving spousal or child abuse and child abduction, and issues arising from the termination of a relationship such as divorce, annulment, property settlements, and parental responsibility are all included under the category of Family Law.

Agreeing to settlements without the aid of a family attorney can be very risky and without the legally binding agreements, trouble can arise if one of the parties involved in the settlement decides to change his or her mind. This is especially important in property settlements. “Property” in a property settlement is interpreted as almost anything that is capable of being owned. A property settlement includes everything belonging to a couple, regardless of who bought it, who’s name it is in, or if it was owned before the marriage. In the situation of a property settlement, it is easy to see how the amount of work can become overwhelming. This is where a family lawyer can be extremely helpful.

When most people think of a lawyer, they immediately assume they will be going to court, but in family law situations, this is not the case. Going to court is often a last resort. Most family law cases can be solved through simple negotiations between the parties involved. The lawyer will help obtain a satisfactory settlement and attempt to insure that complications will not be ongoing.

Outcomes are not simply a 50:50 split of the assets, but rather a division based on the circumstances relating to the specific situation. This sometimes requires an outsider to have unbiased view of what those circumstances really are. The family lawyer will help determine and organize information about factors such as age, health, education, and job qualifications to decide how the case will be settled.

If parties are open and honest in a family law situation, settlement of a case should go smoothly and result in a satisfactory outcome, for everyone involved. Any type of family trouble can be extremely stressful, and can cause strong emotions and thoughts. A family attorney is a sound investment that will listen to those thought and concerns but will then give objective advice about legal obligations and rights of entitlement until a desired settlement is reached.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. DNA Identifiers does not offer legal services

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A Family Law Lawyer Can Make it Go Smoother

posted by DNA Identifiers @ 3:32 PM
Friday, October 8, 2010

by Justin DiMateo

Smoothing things over can be an unpleasant task for many amateurs in divorce cases.  It is a necessary task that many people are not prepared to face. Bitter words and harsh times can create even more uncomfortable, awkward and very tense situations for the parties involved and for those around them. Having a professional who can help to eliminate, mediate or fix situations and help to draft and create fair, just settlements can be invaluable to couples as they go through the divorce process.

Often when people think about family law attorneys, they often think of lawyers as seen on television who have sinister ideas and intricate plots to destroy the lives of their opponents. What you will discover if you spend any time at all with any attorney is that this is not the case. Most attorneys are committed to discovering what is fair and implementing a settlement that reflects this. Family law attorneys are not interested in taking a bad situation and making it worse. This does not benefit them or their clients.  It also goes against the sense of fairness and equality that they fight to protect. A family should never go through a divorce alone, without the counsel of a professional to help them through what can become ugly situations.

This is especially true if there are children involved in a divorce.  Divorces care become a bitter messes from the very beginning and involving children can just make the situation worse. Former couples can spend countless dollars and a great deal of time trying to decide who is going to have custody of their children after their divorce. Couples often forget in situations such as these is: what is best for the children?

A family law attorney will bring their expertise in these situations and past experiences in similar cases to help the family decide what is best for the children. A messy divorce, can create a tense and uncomfortable situation for their children. Having a family law attorney to help the parents through these troubled times can help to smooth the situation and create a fair and calm environment for the children.

Everybody knows, divorce is not a fun experience for any party involved, and that includes the children. A family law attorney can help the situation by bringing information, experience and fairness to the situation. This will help the ex-husband and ex-wife sort out their divorce and make the decisions that are best for everybody involved.

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History of The Unification of Family Law Jurisdictions to Deal With All Relationships

posted by DNA Identifiers @ 1:46 PM
Wednesday, October 6, 2010

By Paul Boers

Under the Commonwealth Constitution, the Federal government has the power to make laws with respect to marriage. As such, the various States and Territories historically were left with the power to make laws dealing with matters arising out of the breakdown of de facto relationships, including parenting and financial issues.

In the mid 1980s various States and Territories conferred upon the Federal government the power to deal with parenting issues arising out of de facto relationships. Previously, contested parenting issues involving children from de facto relationships were dealt with in the State Civil Courts. After the Federal government acquired the power to deal with children of de facto relationships, all parenting disputes, whether arising from marriage or de facto relationships, were then dealt with in the Family Court jurisdiction.

Financial issues arising out of marriage relationships have always been dealt with in the Family Court. However, financial issues arising out of de facto relationships were historically dealt with in the State and Territory Civil Courts.

To add to the confusion of which jurisdiction to turn to in contested financial cases after the breakdown of a relationship, the Federal government established the Federal Magistrates Court in 2000. The idea was for the Federal Magistrates Court to deal with the simpler cases, whereas the Family Court was to deal with the more complex cases. Loose guidelines indicated which was the appropriate jurisdiction to deal with any particular case. However, those guidelines were not clear, and not consistently applied.

In late 2008 the Federal government passed legislation to amend the Family Law Act after various States conferred upon the Commonwealth the power to deal with financial matters arising out of de facto relationships.

This meant that any de facto relationship which broke down after 1 March 2009 would be subject to the new laws under the Family Law Act. Those new laws would treat financial issues arising out of the breakdown of de facto relationship on a par with marriage cases. Previously the economically disadvantaged party in de facto relationships usually achieved a poorer result in property settlements than in equivalent marriage cases.

This was seen as a sensible move as potentially de facto relationships which had broken down involving contested parenting and property issues could end up having parenting issues litigated in the Family Court/Federal Magistrates Court and financial issues in the State Civil Courts. Now all issues arising out of the breakdown of de facto relationships will be litigated in the Family Court or Federal Magistrates Court.

In a move which will relieve confusion over which jurisdiction in which to commence proceedings, it has been announced that in 2010 the Family Court and the Federal Magistrates Court will merge. The practical result of this will be that any contested parenting or financial issues whether arising out of marriage or de facto relationships, will now all be dealt with in the one Commonwealth Court rather than having to navigate the minefield of State Civil and Commonwealth Courts.

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What You Should Know About Family Law

posted by DNA Identifiers @ 3:57 PM
Friday, October 1, 2010

By Gabriel Adams

Family Law is the branch of the judicial system that was designed to deal with the issues that arise within the family unit or domestic relationships. Throughout the United States, it is the family courts that often have the heaviest caseloads, many jurisdictions tackle issues from gaining custody of a child to dealing with the proper procedure of finalizing a divorce.

Within the judicial system, family law extends from the wealthiest families to the poorest. No social or economic class is spared the family court system when any area of family law is involved. Below are some of the many different areas of regulation attached to family law:

When two people wish to get married, they have to go through family law to get the proper license to mary. This applies to civil unions as well as domestic partnerships. A civil union provides same-sex couples the rights, benefits, and responsibilities similar to marriages of opposite-sex couples. A Domestic Partnerships recognizes relationships between two people who live together but have chosen not to enter traditional marriage, common-law marriage, or a civil union.

Family law also deals with the legal issues that can arise during marriage. Family courts will step in when married couples physically hurt one another. Family courts oversee the adoption processes and settle surrogacy issues. Family courts have authority when a parent abducts his or her own child. Child abuse is also an important branch of the law that falls under the most pressing family-related concerns.

Family court also are where marriages, civil unions and domestic partnerships are ended. Wether through divorce and annulments. Family courts will see that property settlements and alimony payments are arranged. In the United States, the responsibilities of the parents are dealt with under family law, such as custody hearings, visitation rights, and child support awards.

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Termination Of Parental Rights (Removing Children From Families)

posted by DNA Identifiers @ 1:55 PM
Thursday, September 9, 2010

By Maury D. Beaulier

A Termination of Parental Rights (TPR) is a legal action that terminates all of a parents rights to make decisions for a child or to care for that child.

A Termination of Parental Rights may be voluntary or involuntary. Often parents are pressured into terminating their rights based on allegations of abuse, neglect or abandonment. The results are significant and long lasting. A parent should never terminate their parental rights without a proper understanding of what they are doing. The result is often irreversible.

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Who Gets Custody? Is There Automatic Custody?

posted by DNA Identifiers @ 1:24 PM
Tuesday, February 9, 2010

It is assume by the majority of people that the mother will be awarded automatic custody of a child, this is only holds true in certain cases – for instance, when the biological father has not been determined and the mother is fit to parent. However, in most cases, the truth is that whether the parents are married or not, they both have the SAME right to be awarded custody. Many courts do still tend to favor the mother for certain reasons, but when the child is between infancy and about 9 years of age there is still a valid case for awarding the father full or partial custody.

Fathers still have important rights they need to be aware of:

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