Messy Triangle! Two Men Aren’t Sure Who’s The Father of Child (Full Episode) | Paternity Court


You may be seated. Hello, Your Honor. Hello. This is the case of
Marsack v. O’Malley/Mestepey.
Thank you, Jerome. You’re welcome. Good day, everyone. AUDIENCE: Good day. Ms. Marsack, you admit
to sleeping with two men at the time you conceived
your 11-month-old son, Caidyn. Yes, Your Honor. Now, you state
you’re here today for the sake
of your baby’s future anddesperately need to identify
his biological father.
MARSACK: Yes, Your Honor. JUDGE LAKE: Now, Mr. O’Malley, Ms. Marsack says
she feels strongly that you are Caidyn’s
biological father, but you claim
she was unfaithful during your time together so you have every reason
to doubt paternity. O’MALLEY:Yes, Your Honor.JUDGE LAKE: Mr. Mestepey, you were a
one-night stand, admittedly, but claim you have created
a loving bond with Caidyn and you would be devastated
if he’s not yours. MESTEPEY:Yes, Your Honor.(AUDIENCE AWING) So, Ms. Marsack,
please tell us, how did you get yourself
in this situation? Your Honor, at the time
of conception, I was involved
in multiple men and met James around 2009. We were working together and we had a fling there
for a while. He was with somebody
while I was married and we were both intimate
with each other at that time. Then, he’s actually
the reason me and my ex-husband
are divorced. JUDGE LAKE: So at some point, you were sleeping with
Mr. Mestepey as well? MARSACK: Right after me and
Mr. O’Malley were together, I had met Mr. Mestepey
at a party, and we were drinking,
and one thing led to another, and we ended up intimate. And I honestly can’t remember
much of what happened. AUDIENCE: Oh! But do you remember whether
or not you used protection? No. JUDGE LAKE: You did not
or you don’t remember? I don’t remember. All right.
Mr. O’Malley, do you remember
the relationship
with Ms. Marsack? Yes, Your Honor, I do.
We had met in 2009. We had an affair
for a couple months. A few years later, we ended up talking again
over Facebook. She ended up coming to Chicago
to come stay with me. It didn’t work out, so I had sent her back
to where she’s from. Three weeks later,
she Facebooks me, telling me that
she’s pregnant. So I asked for proof, because she had lied to me
numerous times before and her word
isn’t really trustworthy,
at least for me. So about a week later,
she sends me a letter… It looked homemade,
Your Honor. I really wish I still had
the picture of it. So I presumed
it wasn’t true. Because you asked her for some
type of proof from the doctor? Yes, Your Honor,
I asked for some proof. And she gave you a letter.
All right, so, Mr. Mestepey, when did you find out
she was pregnant? I was living in California
at the time, and one day I get this message
on Facebook saying that “I’m pregnant and you could
possibly be the father.” And what were you thinking? I was like, “Oh, okay.”
I didn’t know what to think. So do you remember
this encounter or you don’t
remember it either? I remember it. Do you remember
if you used protection? No, I did not use protection. Okay, so it is
a real possibility that you could be
this child’s father.Yes. I was constantly
thinking it could be
someone else’s,
but I wasn’t too for sure ’cause I didn’t know
her that well, it was just a one-night stand. It only takes one time,
but… That’s right, that’s right. (AUDIENCE APPLAUDING) Ms. Marsack, so through the
pregnancy, what’s happening? Who’s with you?
Who’s participating? Is someone going to doctor’s
appointments with you? What’s going on? Well, Your Honor, when
I found out I was pregnant, I was honestly
confused about it. I wasn’t sure if
I wanted to go through
with the pregnancy, being since I did not know
who was the father, and being since I do have
two children already. I wasn’t sure that
I wanted to do it alone. I had nobody. (VOICE BREAKING)
And being a single mother, it’s very hard. So I stood up and
made the decision, you know,
to go ahead and do it. I made the mistake of
doing what I did and I have to raise
that beautiful child. (AUDIENCE APPLAUDING) Being since I have no idea
who could be his dad, I just said, you know,
I’ll do it alone, I made the decision. And I did not contact
neither one of them. I was completely alone. So since Caidyn’s birth,
who’s been a father to him? Who’s been there for you
and for Caidyn? Mr. Mestepey. So, Mr. Mestepey, you were
admittedly a one-night stand and yet you stepped up and you’ve been a father
to this beautiful baby? Yes. It wasn’t that I could
possibly be the father, it was that I could
be the father. I get that. And because there was
a possibility that you could, you did what you should do. Yes, Your Honor. And you were there. (AUDIENCE APPLAUDS) I get that,
and that’s commendable. How were you involved
with the baby? How did you bond?
Tell me a little bit
about that. Anything he needed,
I bought for him, I spent time with him, I changed him,
I gave him baths, I was there when he first
started rolling over,when he first started
trying to sit up,
I was there… I was the first person
he actually reached for. JUDGE LAKE:
Aw, that’s beautiful. And so you’re hoping today
that he is your child. Yes, Your Honor, I would
love that more than anything. (AUDIENCE APPLAUDS) Mr. O’Malley, how have you
been in Caidyn’s life? Your Honor, I haven’t been in
it as much as I should have, but I didn’t know. I understand Mr. Mestepey has been more of a father
to Caidyn than I have. And I accept that.
I was working out-of-state, so I didn’t want to come back
to Illinois to raise a child that
I didn’t know was mine or not. JUDGE LAKE: So, Ms. Marsack,
when you look at your son, who do you really think
the father is? Mr. O’Malley. I don’t see it, Your Honor,
I really don’t. The little guy has blue eyes,
I have brown eyes. Light hair, I have dark hair. I honestly don’t think
he’s mine. You have the same nose
and the same eyes. And on top of it, she gave
the baby her ex-husband’s
last name. It is not my ex-husband’s
last name, Your Honor. It is my last name along with
my other two children. I refuse to have my child
have a different last name than me and my other children. When you say you believe
in your heart, in your gut, that Mr. O’Malley
is the child’s father, are there any other reasons?
Is it just looks? No, Your Honor.
There is, um… One big reason.My son does look just like
his other baby.
Mind you, my son is a week
older than his other baby. One week older? One week older. So there were two of you
pregnant at the same time? Yes, Your Honor. Do you see a resemblance
with your other child,
Mr. O’Malley? No, Your Honor, I do not. None? No. JUDGE LAKE:Do you not see it
or do you not want to see it?
O’MALLEY:Uh, I don’t see it.She allowed Mr. Mestepey to believe that
he was the father. JUDGE LAKE: So, Mr. Mestepey, did you believe
you were the father or just thought
you were a possibility? I just thought
I was a possibility. Okay, so he thought
he was a possibility. I was under the impression
that he had thought that
he was the actual father. No, what he’s testified to
in court, he said, “Since I’m a possibility,
I’m gonna step up to the plate
and do for this child “all that I can because
it may be my child.” Am I correct? Yes, Your Honor. (AUDIENCE APPLAUDS) So, Ms. Marsack, so you stated
in your court papers that you ended up moving in
with Mr. O’Malley. MARSACK: Yes. And Caidyn.
What happened? Me and Mr. Mestepey, you know, we separated, things weren’t
working out between us. I had left my apartment
and there was no way I could get a different
apartment at that time. So Mr. O’Malley
offered to have me and Caidyn
come and stay with him. JUDGE LAKE: Okay.
Well, that was a nice gesture. How did it go? (CHUCKLES)
Well, Your Honor, I, uh… It was okay.
It lasted maybe… All of two months. A whole two months,
and only a month at it
we were actually together. I had decided to leave
and move back to Illinois to be closer to
my other two children. My son loves his brothers
and they love him. And I honestly felt like
it was wrong of me to take him
away from his brothers. So you left
Mr. O’Malley’s home and moved back to Illinois to be with
your other children? But during that time that
you’re staying in his home, your gut says it’s his father? Yes, Your Honor. And wow were you treating the
baby when he’s in your home? O’MALLEY: Like he was my own. Your Honor,
I treated him and her
with the utmost respect. Food, diapers, anything
that I could provide for him,
I was there. Let me stop you.
How many packages of diapers
have you bought? Well, you were only there
for two months and we bought a two-month supply,
so two boxes. You bought two boxes
of diapers compared… You were only there
for two months. You were there for two months,
what do you want me to do? You want to sit there and say
you raised him as your own, then when I leave, you don’t
decide to send money to him? And when you left, you cheated
on me when you went right back
to Illinois. AUDIENCE: Ooh. You got quiet, Ms. Marsack. Because, yes, Your Honor,
I did. And so where was Mr. Mestepey
at this point? He had moved back
to California to be with his son’s mother. This is like
musical chairs, Jerome. Okay, are you with
either of these two now? No, Your Honor. All right. What are your hopes
for today, Ms. Marsack? I am just hoping to find out
who my son’s father is. He deserves to know
and it’s honestly hurting me. I want a better future
for him. He deserves that. (AUDIENCE APPLAUDING) How about you, Mr. O’Malley?
What do you hope? I just want the truth
to come out. She’s lied so much to me,
you know. And I just want the truth. If he is mine, I’m willing
to step up to the plate
and be a father to my son. Easily. (AUDIENCE APPLAUDS) But, Your Honor,
if he’s not, I never want to talk
to this woman again. I don’t want
any contact with her, I just want to leave it
in the past. JUDGE LAKE: You know,
I want the truth too for baby Caidyn. But I want to make sure
as well that he’s cared for. And he’s important to
the people that are supposed
to love him.And now, he potentially could
be your biological child.
Yes, Your Honor. One of my court clerks told me
today you didn’t even know
how to spell his name. No, unfortunately, I didn’t,
Your Honor. I did not want to
get attached to a child potentially if
he was not mine. But he was with you
for two months and you said you treated him
like he was your own child and you didn’t know
how to spell his name? O’MALLEY: No, unfortunately,
I didn’t, Your Honor. JUDGE LAKE: And I know that
breaks your heart,
Ms. Marsack. (SOBBING)
Yes, Your Honor. He sits there and says that,
you know, he treated him
like his own son, while we were together. And I did. Not once did
he change a diaper. O’MALLEY: She’s lying. Not once did he want to go
and take a walk with us. But it feels like you had
your gut feeling that
he was the father. You moved in with him
to see what you could
make of this. She moved in with me.
’cause she had no other
place to go. And within two months,
you felt like he wasn’t
valuing you or the baby? MARSACK: That’s right. So you decided, “Well,
why stay here and do this “when I could at least
let my son “be around
his other siblings?” So I’ll just go
back home to Illinois, that’s how you were feeling. Now whether that’s true
or what your intentions were, I’m trying to read what it is
because it just seems like you just movin’ and checkin’.
You got this one over here, then he goes back
with this girl, and you go back with him. Now you back over here,
in Illinois. You know you’re in a hurry
going nowhere fast. (AUDIENCE APPLAUDING) So what are you saying, sir? She keeps lying, Your Honor.
She really does. The entire time
she was in Michigan, I would catch her
up in lies. I cannot trust anything
that she says. She wants me to be the father
because she still loves me. Do you love him? Yes, I do,
I do have feelings for him. And then all along,
Mr. Mestepey, she loves him, but you want
to be the father? Yes, Your Honor. No matter what happens,
I love that boy. I still love
Ms. Marsack, too. You love her? Yes. Do you love Mr. Mestepey, too? No, Your Honor, I don’t. (AUDIENCE GROANING) So, Mr. Mestepey, you heard what Ms. Marsack
just said? Yes. She’s not in love with you, you want a relationship
with her anyway? I did, but not after recently. All right, so, Mr. O’Malley, do you want a relationship
with Ms. Marsack? I’m willing to work it out
depending on the test results. I would like to work it out. I would, I would like to be
with Ms. Marsack if he is mine.
Yes, I would. But there’s a contingency? I mean, if he’s not mine, that just shows that
she lied to me more. I cannot be in
a relationship with somebody
if I can’t trust them. If they keep on
to continuously lie to me. Whenever he starts
talking about that
you’re lying to him, your eyes go
downcast instantly as if there were truth
in what he’s saying. Because there is truth in it. That’s what I thought. So now we know
why you’re running. ‘Cause you’re running
from the truth ’cause you’re lying. Yes. Okay, that’s what I thought. (AUDIENCE APPLAUDS) But I’ll tell you what. There’s one thing that
doesn’t lie and that is DNA. So, Jerome, let’s have
the results, please. These results were prepared
by DNA Diagnostics and they read as follows. In the case of
Marsack v. O’Malley/Mestepey,
pertaining to whether
Mr. O’Malley or Mr. Mestepey is the father of 11-month-old
Caidyn Marsack, it has been determined
by this court that the biological
father is… In the case of
Marsack v. O’Malley/Mestepey
pertaining to whether
Mr. O’Malley or Mr. Mestepey is the father of 11-month-old
Caidyn Marsack, it has been determined
by this court that the biological
father is… Mr. O’Malley. Oh… (O’MALLEY SIGHS) Big relief, Your Honor.
Big relief. Finally got the truth. I can feel that
across the room. What do you want to do?
Would you like to work it out? You need to step up. I will. You need to show
you are going to step up. I will. Be a father to
that little boy. It’s not fair to him
to be in and out of his life. As soon as I get back
to Illinois or, uh, Cleveland, I’m gonna pack my stuff
and move back to Illinois. I just need you
to stop lying to me and we need
to start over fresh. JUDGE LAKE: You two need
to be honest, you need
to learn to communicate. You need to learn
how to parent together. The love is there. But Mr. Mestepey,
I’m sorry this didn’t turn out the way you planned.
I wish you the best
in your life. Now Mr. O’Malley. Yes, Your Honor? This is not the first time
you’ve been
in this court room. No, Your Honor. I don’t want to blow you up,
but I’ve seen you before, and I want you to know
I don’t want to see you again. Yes, Your Honor. All right?
Take care, everyone. Take care of that
beautiful baby boy. Court is adjourned. (BANGS GAVEL) After I heard the results,
I was very pleased because finally this issue
got worked out. Now we can work
towards our future, building trust,
and building a family. As far as Mr. Mestepey, I do feel bad
for letting him love a child
that is not his. After we leave here, I’m gonna go home,
pack up my stuff, move out there by her,
we’re gonna start anew.

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