David Redd field a motion concerning this paternity action with an effort to enforce an order entered in 2001, which ordered Cheryl Shively and a child David Shively to go for a DNA test. The then senior status judge, after hearing from both parties who were present overruled Mr. Redds motion holding that the court had absolutely lost jurisdiction regarding the DNA request since the child had been emancipated and also that the motion was hindered by the doctrine of launches.
David Redd is not the type to give up quickly, so he went for reconsideration and the sitting judge then, refuted the consideration. As if this was not enough to keep David Redd off he requested for reconsideration yet again and this time he was given a hearing date. He also filed an extra motion to bring to an end the arrearage obligations that was based upon a statute of limitation claim.
The Action pertaining paternity was filed on January 1988 with a petition that was verified and signed by the mother Cherily Shevly, arguing that a child had been born to her on November 27 1986, and that David Redd was the father of the born child. David Redd was adequately served through secretary of state at his address in Jeffersonville.
Files from the court records concerning this case indicates that on august 15 1989, David Redd along with Cherly Shevely was adjudicated the father of David Shively and agreed to offer child support to the said child in the amount $25.00 weekly. He also executed another agreed judgment concerning paternity, which adjudicated him the father of Kayela Shively, a child who had been born nine years earlier, and agreed to give child support of $20 per week. He was also to give $5.00 weekly for the arrearages
December 7 1989, Mr. Redd was ordered to appear in court on February regarding the child support arrears. Since the agreement, Mr.Redd had not paid any child support in honor of the agreement and he did not appear before the court because of lack of good communication since the address he had given out was no longer valid. Commonwealth offered another show clause for hearing about the alleging accumulation of child support arrearages but still the man in question did not appear in court thus the motion was ordered remanded.
On 4 March 2010 in an open court Mr. Redd acknowledged that he had moved out in 1989 but he had not notified about the address change. Records indicate that both parties entered a modification concerning the child support obligation allowing Mr. Redd to pay $44.61 per week and arrearages of $9.61.Mr.Redd s employer was also notified to withhold sum of $89.61 per week from Redd salary towards the child support.
David Shevely was 14 when Redd filed a motion to have paternity test and argued that Shively had informed the child that Redd was not his biological father. The sitting judge then ordered for a DNA test but Shively did not turn up for the test. Between 2001 and 2010 Redd did not make any more effort to request for the DNA test, since he was advised by his lawyer that it would be at the interest of the child not damage the child any further because of the abuse he and his mother had received.
I David Redd do appeal to the high court that I be granted my DNA requests and also I appeal that you consider lowering the child support offer from $60.00 per week since am only working part time and it is really hard to meet the said figure.
People, H. (2002) Criminal classification.(f-5)(f-4)
Scheneider, H. (2000) The practice of falsely attributing fatherhood is raising among women.