SPRINGFIELD, MO (KTVI-FOX2now.com) -
In Missouri and some other states there's real, biological dad and there's legal, non-biological dad. Missouri lawmakers acknowledge the two aren't always the same. A law is now headed to the governor's desk. He paints houses. But a night out with the boys painted a messy future for Tony Galvin a married father of three, "She got my number from a friend of mine at the bar." Galvin says he never met her again, or saw her again. He adds he never had sex with her, "Nooo, never touched her."
Perhaps, but two years later the woman had a baby boy, naming Tony the dad. Tony says he never knew about a paternity hearing, so when he didn't show, he defaulted.
After his 30 days to appeal ran out, in the state's eyes, he "was" dad. Legal dad. Period.
Tony says, frustrated, "They got nothing. And they're just 'you're the dad!'"
But Tony got child support orders $674 a month.
Prosecutors charged him with criminal non-support and the state took his driver's license.
His life? "It ruined it, ruined it. Shut it down and stopped it right then. Of course it ruined my marriage for awhile. She's good now, but she wasn't then."
Good now, thanks to genetic testing. What did the DNA test show? "That I was not the dad."
Prosecutors dropped the criminal case, but even with DNA and now a sworn note from the woman that tony isn't the father, courts refused to free him of his "legal dad" status, or his now nearly $37,000 child support bill.
Attorney Mike Spiegel says, "In Tony's case we're dealing with something several years after the fact, and all the time line is gone at this point. There's nothing for him to do. The judgment's become final. There's no appeal route."
For years, in cases involving this issue, some even reaching the Missouri Supreme Court, judges have practically cried out for help from lawmakers. This year, they're getting it, thanks to Senator Jeff Smith, who got an earful at a St. Louis men's program graduation.
Several grads told him their stories of being hit with child support for kids who aren't theirs, "I found this appalling. I found it to be just a terrible injustice."
So Smith crafted a bill to give "legal" dads a second chance. They'll have two years from the judgment date to contest paternity. Current non-biological dads get until the end of 2011.
Men can either present DNA evidence or for the first time, a court can order testing.
Smith explains "legal" dad can be off the hook, with past child support erased, "We've heard from dozens and dozens of men who believe they have been wrongly accused of paternity. I would expect we're going to see hundreds if not thousands of cases after Aug. 28 when the bill becomes law."
Men can also have prior non-support convictions erased, clearing their names. "It's come full circle and that's great," Attorney Elizabeth Hill has watched earlier attempts to change Missouri law fail, "Because now there's a remedy in place, these father's can get relief. The court has something they can hang their hat on, and hopefully, you know, the true biological father will be brought into the picture to have a relationship with his child."
Tony, who's had little contact with the mother and her child, wants his own fresh start, "That this will go away and I can have my life back."
To paint a brighter future.
Judges can, in the best interests of the parties involved, override the DNA tests, but experts say that would be in rare cases.
The governor's office says he'll review the measure, but Senator Smith says he expects Governor Nixon to sign it into law.
Perhaps, but two years later the woman had a baby boy, naming Tony the dad. Tony says he never knew about a paternity hearing, so when he didn't show, he defaulted.
After his 30 days to appeal ran out, in the state's eyes, he "was" dad. Legal dad. Period.
Tony says, frustrated, "They got nothing. And they're just 'you're the dad!'"
But Tony got child support orders $674 a month.
Prosecutors charged him with criminal non-support and the state took his driver's license.
His life? "It ruined it, ruined it. Shut it down and stopped it right then. Of course it ruined my marriage for awhile. She's good now, but she wasn't then."
Good now, thanks to genetic testing. What did the DNA test show? "That I was not the dad."
Prosecutors dropped the criminal case, but even with DNA and now a sworn note from the woman that tony isn't the father, courts refused to free him of his "legal dad" status, or his now nearly $37,000 child support bill.
Attorney Mike Spiegel says, "In Tony's case we're dealing with something several years after the fact, and all the time line is gone at this point. There's nothing for him to do. The judgment's become final. There's no appeal route."
For years, in cases involving this issue, some even reaching the Missouri Supreme Court, judges have practically cried out for help from lawmakers. This year, they're getting it, thanks to Senator Jeff Smith, who got an earful at a St. Louis men's program graduation.
Several grads told him their stories of being hit with child support for kids who aren't theirs, "I found this appalling. I found it to be just a terrible injustice."
So Smith crafted a bill to give "legal" dads a second chance. They'll have two years from the judgment date to contest paternity. Current non-biological dads get until the end of 2011.
Men can either present DNA evidence or for the first time, a court can order testing.
Smith explains "legal" dad can be off the hook, with past child support erased, "We've heard from dozens and dozens of men who believe they have been wrongly accused of paternity. I would expect we're going to see hundreds if not thousands of cases after Aug. 28 when the bill becomes law."
Men can also have prior non-support convictions erased, clearing their names. "It's come full circle and that's great," Attorney Elizabeth Hill has watched earlier attempts to change Missouri law fail, "Because now there's a remedy in place, these father's can get relief. The court has something they can hang their hat on, and hopefully, you know, the true biological father will be brought into the picture to have a relationship with his child."
Tony, who's had little contact with the mother and her child, wants his own fresh start, "That this will go away and I can have my life back."
To paint a brighter future.
Judges can, in the best interests of the parties involved, override the DNA tests, but experts say that would be in rare cases.
The governor's office says he'll review the measure, but Senator Smith says he expects Governor Nixon to sign it into law.
