The putative father's rights in bastardy proceedings are in need of protection. It is true that many a defendant is indeed the father of the child; however, the the defendant, be he guilty or innocent, must be upheld. The father may face jail anytime he cannot adequately explain to the court why he had not been making his support payments. Over the years the courts have allowed civil procedure to govern quasi-criminal cases in this area of law. The courts have rationalized their position by emphasizing that the purpose of a bastardy action is solely financial redress. There is a need for the courts to break from their traditional holding and balance the protection of the mother, child,and state with the rights of the father
Harry W. Greenfield,
Bastardy Proceedings - A Proposal,
19 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol19/iss1/21