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Priest asks judge to toss paternity suit |
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By Ralph Ranalli, Globe Staff, 7/23/2003
Despite church records and his own admission that he may have fathered two children, the Rev. James D. Foley has refused to take a DNA paternity test, which forced an already-fractured family into Plymouth County Probate and Family Court yesterday.
Siblings Emily S. Perry and James Perry sued Foley in late May, asking a judge to force him to submit to a DNA test to prove whether Foley fathered them during a secret, decade-long affair with their mother, Rita, in the 1960s and early 1970s.
Yesterday, Foley's lawyer, Charles J. Bowser Jr., asked Probate and Family Court Judge James V. Menno to throw out the paternity claim brought by James Perry, 38, of Middleborough, because Perry is an adult and is not seeking retroactive child support or other money.
Bowser also filed a motion to dismiss a similar claim brought in Norfolk County Probate and Family Court by 32-year-old Emily Perry, who lives in Stoughton.
Foley has apologized to the Perrys and their two other siblings for the affair and for not doing more to save their mother the night she died of a drug overdose in 1973. But the Perrys' attorney said he has refused to submit to a DNA test unless they sign a waiver that they will never sue him again.
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