Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1:07-cv—O0617-SLR Documefyvjtxtggfg/@_IEyl®d 1 /O9/2007 Page 1 of 4
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Martin Brown ) Civil Action No.
2458 Hickman Rd )
Greenwood DE 19950 )
[302) 349-9523 ) Judge:
Plaintiff )
V { Brief
° 1 Rights of the Unknown Father
State of Delaware ]
Atty. ]
Joseph R. "Beau" Biden III }
Delaware Attorney General )
1 14 East Market Street ) Eg
Georgetown, DE 19947 ) E
{302) 856-5353 ) ii
Defendant ) ,
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The 1441 Amendment provides for a process of law. It supports a c¤ el
fundamental belief that that a person needs to be properly notified if a
case is brought against them, that they have Due Process of Law. What
happens when that right is thrown away and people do what they want
with no consequence considered to a party to a case? What you have is
the State of Delaware’s process for Adoptions and Voluntary
Acknowledgements of Paternity. This is the basis of my brief "Rights of
the Unknown Father".
Right’s of the Unknown Father
The rights of a parent cannot be terminated without Due Process. There
must take place certain steps to terminate those rights. The process is
fairly simple when the father is known after genetic testing, but what
about when a father’s name and location is unknown. Often those rights
are terminated without any notice or due process; this is what happened
Rights of the Unknown Father

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* to me. A daughter taken from me without Due Process and with no
realistic process to argue in a court of law.
For almost I5 years I have fought and have yet to get a simple genetic
test to get my rights after i KAREN allowed Richard Edwards to sign
a Voluntary Acknowledgement of Paternity on KT without my
knowledge or consent.
The State of Delaware does not seem to realize a child must sometimes
be protected from the mother. They allow the mother to act as guardian
during the proceeding not giving any relevance to the fact that the child
may need to have their rights protected and that the mother is not acting
in the best interest of the child.
In my case Karen Taylor acting as I<'|/3 legal guardian during the
proceedings terminated my rights as the Unknown Father without Due
Process. Karen did not list all possible fathers despite knowing I was a
possible father and the most likely person to be KT natural
father.
In the United States, society does not break down due to rule of law, but
what happens when the law does not have a process by which a person
can air a grievance? There exists a Consumer Bill of Rights which allows
for a consumer to complain to a company about a product, but where do
I complain about the theft of a child?
Turned away by all State Agencies and laughed at by the Police, I was
unable to even tile a complaint. I could not file criminal charges of
perjury without an official complaint issued by the police. The state
agencies that I contacted turned me away. The court told me I did not
have enough information to file, yet Delaware’s Child Support and
Enforcement (DCSE) had all the documents about HT as well as
managed ' '\(_T ' 5 case.
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i For a decade I begged for help from state agencies and got none. The
courts said I didn’t have enough information to file. The DCSE said I
would need a subpoena to get the documents, but I would need a case
started to get the subpoena. Lawyers said I needed to know where Karen
was to determine jurisdiction. Even the private investigator could not
iind Karen, So for a decade I dealt with this circle of despair with no
realistic process to legally argue or complain.
There is a spot on KT . birth certificate that is there in the
expectation that her natural father’s name will be listed. That spot once
listed ‘Unknown’ now has a name. That name was placed there without
Due Process of Law to the Unknown Father. The State allowed that name
change and terminated rights that I could have had if that spot was left
‘Unknowr1’.
Putting aside Due Process, what rights has an Unknown Father lost
when something like this happens? All their rights to the child, especially
if there was an adoption. They loose the exact sa.me rights that a listed
father looses when his rights to the child are terminated. So why not
have a process by which an Unknown Father can receive Due Process.
Why not have a Guardian ad litem for the child having the paternal
change when there is a possibility of deceit by the mother?
What does a mother have to gain by deceit? She has the ability to
remove the child from her life without having the responsibility of
support. If the natural father received the child he can request support
or relief. By placing a child for adoption without the father’s knowledge
she can remove the child from her life and not have any obligation of
support of relief for the child.
In my situation I believe she had Richard Edwards listed as the father
for several reasons. First, it was a defense to me trying to be a part of
KT I ` life. Second, it would be needed to collect state assistance.
Richard had other children with her and therefor already had an
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` obligation of support. Karen was able to get state assistance and yet,
keep me out of the situation.
In conclusion I would like to say, I gained my rights by default when
KT J was born. I lost my rights when they were terminated without
due process. I have spent 15 years trying to get a genetic test to prove I
am l K7" . father and have been stopped due to lack of legal process.
I would ask this court to give me some satisfaction and assistance in
protecting my basic rights guaranteed to me by the United States
Constitution. I would ask that this court protect the right of all fathers
who name isn’t ‘Dad’, but who’s name is ‘Unknown’.
Clerk Martin W Brown
Dated: Dated: cc'? C} J. OO'?
Rights ofthe Unknown Father

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