You may be seated.
Good morning, Your Honor.
Good morning.
This is the case of Todd v. Foster.
Thank you, Ron. Good day everyone.
AUDIENCE: Good day.
Ms. Todd you are suing your former fiance, Mr. Foster, to prove
he fathered your 4-month-old daughter, Selena.
Yes, Your Honor.
JUDGE LAKE: You say he called off the wedding due to paternity doubts.
TODD: Yes, Your Honor.
JUDGE LAKE: All right, Mr. Foster you say
Ms. Todd admitted that she cheated on you,
during the window of conception,
so, the baby is not yours.
Yes.
So, Mr. Foster, you called off the wedding?
FOSTER: Yes.
Tell the court why.
Me and Ms. Todd, we was engaged.
The reason why I called it off was because...
It was one day,
a friend of hers, she wanted to go hang out
and Ms. Todd told me that it was her friend
and his girlfriend, so, I'm like, "Okay,
"I don't got nothing to worry about."
When I went to the store, came back,
I had a call saying that she was gone already
and I was kind of suspicious.
Oh, wait. So, you're engaged to her.
And she says, "I want to go hang out with a friend of mine."
And it's a guy.
FOSTER: Yes.
But you say, "I'm not insecure, so, okay."
And then what happened?
FOSTER: And then...
The next day Ms. Todd came back.
She came home the next day?
Yes.
Okay, okay. So, go ahead.
So, I normally don't go through her phone at all,
but her phone just kept on buzzing.
It was a text message. And the text message said,
"It was good. I want some more."
JUDGE LAKE: What?
In my mind, I'm thinking like...
You're supposed to be my fiancee, and I'm seeing this?
Oh, Ms. Todd.
Is this true? You went out with a friend,
and stayed out all night.
Yes, Your Honor.
Oh! So, did you sleep with him that night?
Yes, Your Honor.
Tell me what happened.
Okay, that night me and my friend went to the store,
and then we went back to his place,
where we was at,
and then, we was drinking and smoking,
and then...
Where was his girlfriend?
She wasn't there, Your Honor.
Oh.
JUDGE LAKE: So, that was a lie?
Yes, Your Honor.
That was a lie from the get go?
Yes, Your Honor.
JUDGE LAKE: Oh, okay. So, go ahead. So, you go to the store.
We go to the store, get something to eat.
Then we went back to the place.
Then it just happened. We used protection.
It just happened? Sounds like y'all was planning it to me.
No.
So, was this the only time you had sex with this gentleman?
TODD: No, Your Honor.
Wow.
JUDGE LAKE: You didn't know that, Mr. Foster?
This is my first time ever hearing about...
The second time.
JUDGE LAKE: Well, let me help you get the details.
Uh, Ms. Todd.
TODD: Yes, Your Honor.
So, you had sex with this gentleman again, not just this night?
Another night as well?
Yes.
Tell me.
He came and got me from the house.
And we went back to his place.
And...
It happened again, but we used protection.
That's why I felt like Mr. Foster was the father.
So, wait a minute, you're engaged to Mr. Foster.
TODD: No, not at the time, we wasn't.
At the time you were just dating?
We were boyfriend and girlfriend at the time,
but then he didn't propose to me. he proposed to me on my birthday.
That wasn't the time that...
That was after you had already been intimate with this gentleman
more than one time.
Yes.
But you only told Mr. Foster that you were intimate with this guy one time.
Yes, Your Honor.
So, why didn't you tell him about the other time?
I'm not sure.
JUDGE LAKE: How soon after this did you find out you were pregnant?
It was two months.
Okay, Mr. Foster.
You remember the night she told you about being pregnant right?
Yes.
JUDGE LAKE: And you were excited initially?
Yes, I was, at first.
Did you tell the other guy you were pregnant as well?
No because I knew that there wasn't a possibility that he was the father.
So, no. I did not tell the other person.
He found out through pictures on Facebook.
Did he ever think he was the father?
No.
JUDGE LAKE: Because, you know, protection is not 100 percent effective.
You know that?
Yes.
Okay, so, Mr. Foster I wanna understand from you,
when you initially found out Ms. Todd was pregnant,
were you happy or not?
Actually, no. I told her
that you need to go find your baby daddy.
Because it's not me.
So, when she initially told you that,
your first reaction was, "This is not my child."
Yes, because me and Ms. Todd had been together for three years.
And me and her, we had unprotected sex two or three times a day
for three years and Ms. Todd had not got pregnant.
Because I didn't get pregnant doesn't mean that he's not the father.
And then, the other thing which sealed the case was,
when Ms. Todd finally had the baby, we had sex again.
And then he left me at the apartment by myself.
He didn't tell me that he was leaving.
He told me through a text message that we was over.
We were supposed to be engaged,
he should've told me in person.
JUDGE LAKE: That's what I gotta understand.
I would understand this.
You say you cheated with this guy,
more than one time before you were engaged.
Yes.
So, how'd you get to the point where you found out she cheated
but you still asked her to marry you?
No, um...
We was already engaged first.
She said you weren't.
FOSTER: We was.
Were you or were you not, Ms. Todd,
engaged when you had your "friend" come pick you up?
Her birthday is in the summertime,
and if I'm not mistaken, it was cold out
when the guy came to get her.
No, it was warm outside when he came. It was warm.
JUDGE LAKE: (CHUCKLES) So...
Ron, I ain't ever heard this before.
They don't know whether or not they were engaged.
He was engaged. She was not engaged.
So, you, in your mind...
Do you see the wedding cake right there? That's on her birthday.
JUDGE LAKE: Oh, and there's the ring.
FOSTER: August 8th.
TODD: Yes, that...
So, now does that refresh your memory?
Yes, Your Honor.
JUDGE LAKE: Were you engaged when you had this man come pick you up?
Yes, Your Honor.
JUDGE LAKE: Okay.
Thank you for that proof, Mr. Foster.
That's why you bring proof to court.
So, during your pregnancy he wasn't involved at all?
No. I wanted him to go see the ultrasound pictures with me
and I have proof right here with me that he didn't wanna go.
What proof did you bring? Ron, will you please hand me this proof?
What is this, Ms. Todd?
When I found out what I was having,
I wanted him to be there, but he wasn't there at all.
This is your ultrasound?
TODD: Yes.
JUDGE LAKE: And then, during this ultrasound you were alone?
Yes, I was alone. With a family member.
And I wanted him to be there, with me.
He just didn't show.
No, he didn't come.
I had text messages showing that I asked him to come to my ultrasound,
to my appointments with me. He didn't come to none. At all.
Because in your mind, you're thinking,
"This is the man I was engaged to be married to.
"We were having unprotected sex.
"I did cheat. However, I used protection then,
"and he should still be there for me."
Yes.
Let's be honest, Ms. Todd. You made a very bad mistake.
I made a mistake. I admit to doing my wrongs.
I wanted him to be there. I wanted him there
for the whole beginning of my pregnancy,
the whole time through, taking pictures with me.
You know, I have no pictures or memories with him holding my stomach or nothing.
At all.
It is because I'm not the father.
TODD: He is the father. That baby looks just like him.
Look at that baby right there.
But, I'm not the father.
You brought a witness, I'd like to hear from her. Ma'am, please stand.
So, Ms. Foster. I need to understand, you are Mr. Foster's mother?
Correct.
Why don't you believe your son is not this child's father?
Ms. Todd admitted that the other guy was the father.
I was in Vegas. I received a phone call from my son
stating that Ms. Todd didn't have a place to stay.
Once I made it back home, I sat her down at the table,
and I asked her, was there a chance that my son was the father?
She said that this other guy was the father...
Excuse me, Your Honor. I said it was a possibility that Mr. Foster
or the other guy could be the father.
So, you told her that there's a possibility that someone else could be the father.
But you stated in court today that there was no way
you thought this other guy could be the father...
'Cause the condom broke, so, it could've been a possibility...
JUDGE LAKE: Oh.
Yes.
You left that part out of your early testimony.
Ms. Todd is a liar.
Continue, Ms. Foster.
As I was saying, I told her that she needs to take a DNA test with this guy.
And family members of hers were calling me,
letting me know that this guy was the father.
He didn't want to be involved.
Hold on, you had her family members calling you to say
that this other guy, this friend, was really the father.
Correct.
But that guy just didn't want to be involved.
Exactly.
JUDGE LAKE: So, what you felt like was that, your son was
just the next best case scenario.
GIOVANNA: Exactly.
Continue.
I had told my son,
I said, "If you're gonna be with her, you might as well marry her.
"And get over the fact that the child may not be yours."
And he signed the birth certificate.
JUDGE LAKE: Mr. Foster, why did you sign that birth certificate,
if you're standing court today saying
the entire time you had so much doubt?
The reason why was because I was the only guy that was there that had stepped up.
JUDGE LAKE: So, you came to the birth.
Yes.
JUDGE LAKE: You were there?
Yes.
JUDGE LAKE: You participated?
Yes.
Named her, everything.
Really?
I drove her to the delivery room.
These are pictures of you in the hospital.
Beautiful. So, at that moment, you just stepped up, or did you say,
"I really think I'm this child's father now."
Well, it was like more... I'm gonna step up.
And I'm gonna be a man since Ms. Todd is staying with us.
But you did not believe the child was yours?
If he didn't believe the child was his,
why would he sign the birth certificate?
JUDGE LAKE: Did you understand at that time...
(AUDIENCE APPLAUDS)
TODD: I wanted her to have my last name.
He was so adamant for my daughter to have his last name.
Were you adamant about that, Mr. Foster?
Well, yeah. Yes I was.
JUDGE LAKE: So, let me ask you this.
Did you know when you signed that birth certificate,
that you were acknowledging that you were this child's legal father?
Yes, I did.
JUDGE LAKE: So, at that point, you just decided to step up and say,
"I'm gonna be this child's..." Because, listen.
Whether or not we determine whether you are the biological father today,
let's be clear, you are the legal father.
And you're responsible for her.
I mean, it is an admirable thing
for you to say, "No other man showed up
"and this baby wasn't going to have a father so I'm gonna stand up."
But if you then come to court to contest the fact
that you are the biological father,
it begs the question, why sign the birth certificate in the first place?
TODD: Your Honor.
Yes, Ms. Todd.
I just feel the baby is his. She looks just like him.
JUDGE LAKE: Well, feeling don't have nothing to do with it.
Let me tell you something.
I wish it had something to do with it.
The feeling part is what got you here.
But it's not gonna be what gets you out of here.
The truth is gonna get you out of here.
TODD: I have pictures.
Let me see the pictures.
Ron, hand me this proof.
RON: Yes, ma'am.
JUDGE LAKE: What are these pictures of?
Of him and Selena.
When he was four years old, and she's four months now.
And you believe... This is baby Selena on the left.
Yes.
And this is Mr. Foster as a child on the right.
TODD: Yes.
And you believe they look just alike.
Yes.
JUDGE LAKE: Do you see the resemblance, Mr. Foster?
FOSTER: I see some, but I don't think that I'm the father.
I'm not the father.
JUDGE LAKE: How about you, Ms. Foster?
Not really.
So, at the point your son signs this birth certificate,
that's why you said to him, "Well, you signed the birth certificate.
"Now, you might as well marry her."
Yes, because he was advised not to do it.
Oh, you told him, don't do that.
Me and a friend of mine. Which is an attorney.
You had access to legal counsel
and still went on and signed a birth certificate for a child...
FOSTER: Yes, I did.
...that you thought was not yours.
Yes, I did.
You understand that even if today's testimony and DNA results prove
that this is not your biological child,
that that does not automatically get you off the hook legally
for being responsible for this baby.
Do you understand?
Yes.
Ms. Todd, now, you...
You're in tears, what are you feeling?
I wanna know who her father is, you know.
It's emotional to me.
Him not stepping up to the plate
because that baby looks just like him.
JUDGE LAKE: But, listen. What I just heard you say,
and it's okay, look, this is a sensitive situation.
Sometimes, there's nothing wrong with a tear.
But I just heard you say,
"I just am ready to know who her father is."
TODD: Yes.
So, the truth is, you really don't know.
No.
JUDGE LAKE: Okay.
Mr. Foster, I just have to ask you briefly before we get to results.
I see you standing there, and I know
that at certain points it's been hard for you to even testify today.
And I see the look in your eyes.
You've tried to step up to the plate for this baby,
even though people advised you not to.
How has this whole situation affected you?
It's affected me By a lot.
Like, as far as, like, by me growing up not having a father.
So, that was the only reason why I did what I did.
I understand.
I knew there had to be a good reason.
Oh, it's okay, honey.
And I did so good by this little girl for three months.
(SNIFFLING) It's like...
I don't know.
JUDGE LAKE: And now the doubts are just eating away at you.
Yeah.
JUDGE LAKE: I understand.
And now, I can see clearer what your intentions were.
So, even though people were advising you not to do it,
you were basing your actions on your own personal life experience
of not having a dad.
And you didn't want this beautiful little girl to experience what you did.
FOSTER: Yes.
JUDGE LAKE: I understand.
I think it's time for the results.
RON: Yes, Judge.
These results were prepared by DNA Diagnostics and they read as follows.
No.
JUDGE LAKE: In the case of Todd v. Foster,
when it comes to four-month-old Selena Foster,
it has been determined by this court,
Mr. Foster, you...
Are her father.
I told you!
I told you, you was her father. I told him.
He was not there.
All right!
TODD: I told you.
She looks just like you!
I'm sorry, Shantle.
(SNIFFLING) She looks just like you.
This courtroom exists so that we can clear up confusion.
And we can move to a place of clarity
for the benefit of beautiful, innocent children like Selena.
So, now there's no doubt.
There's no confusion.
You all have to figure out from here on out
how to move forward in a positive way.
A productive way.
Now, Ms. Todd,
I know this is gonna be your soap box,
you're gonna stand on and you've got to choose to let it go.
You cannot keep pointing at him and telling him,
"I told you, I called you, you weren't there."
You're very blessed. I have seen children in this courtroom
that are four years old, 14 years old, 44 years old
that don't know who their father is.
Your child is very blessed that she will not remember this time.
And you can make it so...
If you let it go.
Because you did make a mistake.
The doubt that he felt all of this time,
he had a right to, because you stood in court today
and you admitted that you had doubts.
You really didn't know.
We can start by communicating.
Right?
TODD: Yes.
We have counseling services available for you.
I don't know if you're gonna be in a relationship.
I don't know what you're gonna do.
But, what I know you need to do,
is figure out how to love, cherish and raise this child together.
This beautiful baby. Do you understand?
Yes, Your Honor.
JUDGE LAKE: I wish you all the very, very best of luck.
Court is adjourned.
(POUNDS GAVEL)
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