Judge orders man owing child support to stop having kids
Legal panel debate court ruling
- Duration 5:27
- Date Feb 5, 2013
Legal panel debate court ruling
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All reasonable metrics reporting pretty.
-- -- This court.
The sports world.
Little difficulty here that but it was a pretty interesting ruling out of Ohio where a judge orders a father of four to stop having kids.
After racking up nearly a 100000.
Dollars in unpaid child support payments.
35 year old -- seemed Taylor pleaded guilty on Wednesday was sentenced to an additional five years probation.
But Taylor's lawyer says he plans to appeal the case on the grounds that it violates his client's rights to privacy.
Now in Wisconsin two different judges have issued similar no children orders in recent months is that legal.
Let's talk about a at least we'll Fox News legal analyst and former prosecutor Doug burns is a former federal prosecutor.
All right so that -- in this Ohio case -- this guy has nine with children yes -- six different mothers yes.
One mother claims that he pays when he can -- he's 50000 -- dollars behind in support payments.
And 40000 dollars in in in -- and penalties.
Judge says no more kids until you can pay legal.
It's very interest thing I would say now it's not legal you cannot.
He is the thing courts have tremendous leeway in fashion in conditions of probation and many would say this is a sensible one and I can see that.
It written on -- -- however leaves a great -- But you can't check the constitution at the door and there is a constitutional right appropriate however it's a question of semantics in other words you can't say.
No kids period -- you probably can say no kids and tell you can demonstrate the feasibility of your act and.
How much time for small there is no right to procreate I know its pretty for exiting you're talking about it in an implied something completely different had to be -- a public offenders over -- in does it help not people that we're out OK so that that take care of the Supreme Court says in there.
And secondly absolutely a judge can say as a matter probation and if you want to go back to jail.
And have kids on the kind of gets double whatever you want to go back to -- you can do that but if you want this probation if you want to be able to have this privilege of a probation you've got to abide by certain conditions and if you can show during the three years or five years or whatever it is.
That you can actually pay for those kids.
We'll lift that that session of the provision a provision off a Bible it's not just -- to Wisconsin cases there's -- case in Florida very recently where a woman.
Was told as a condition of her probation she could not appropriate for fourteen years.
So -- car.
Let's go back to the case Skinner -- Oklahoma 1942.
And the pointed out while you're right.
All right entitlement and I just I don't know that that it's not as we lawyers say directly from points right in the sense that it had to do with sterilization.
Most law professors say that that case stands for the proposition that there's a constitutional.
Right appropriate -- on that cannot be taken away -- -- court.
Not with him if it's a matter probation -- -- -- Top professors and really don't look -- want to.
-- just aren't that.
All right just makes sense the guy is in -- 96000.
Dollars all of these kids he should be and they haven't turned up -- if you can get his act together -- -- -- Nonetheless this is America and even if you can't pay child support for your -- you can somehow find an attorney to -- you.
I thought I had a seemed Taylor has one and his attorney said this.
He can ensure that a pregnant woman would be to not have sex and I do not leave the court has the ability to do.
Based on the case law based.
His fundamental rights I don't believe that the court ask people to do.
That's Doug Doug Merrill his attorney.
My -- -- another -- making that point where there's a court can't tell you you can't have children.
Well this is a family show so I don't really wanna go into much the different it -- having a half court having children they didn't quite faith that how that's.
Saturday he said you're taking away my right to have sex through a hole but not would it prevent exactly pretty innocent family show folks so what but it.
You know if he can't support those kids that I become a burden on the stats right -- -- we -- -- that you're right but it's a tricky distinction in other words.
I totally rude about it from a policy standpoint you shouldn't necessarily a lesson and have a child who can't.
Affordable we don't give out and people said this in a negative context and don't give licenses to be apparent right here -- and then I -- -- -- job.
It's terrible if you can't do the right thing but that's a separate if that guy is -- -- system he's.
Under probation you could have lots of things are drug testing that people will say that violates my right to privacy -- you got a drug violation it doesn't that the judge that's what -- we we -- enforcement has brought such -- -- -- certain probation restrictions should apply to certain crime can't.
And now does drug testing which is a standard condition of probation I just can't have -- that a judge that judges able to carve out that that term ambition and what does that stipulation should.
Don't think it's Julio is -- to think -- -- well.
He's 35 year old 35 years old seeing Taylor is so he has a few more years to.
We're -- talking about preside leaders let's hope he gets the that the debt paid off and the -- cut him some slack while -- yet the judge said by the way if you do that Brett I'm gonna let.
I discussed if they come up with the money if you -- -- the -- good thing and I think we'll keep -- around that one least we'll think about it.
Doug burns what a story fit the.