A deadbeat dad was barred from fathering any more children — until he has the means to support them. Asim Taylor, age 36, is the father of four children. Officials estimate he owes nearly $100,000 in unpaid child support.
In January 2013, Lorain County, Ohio, Probate Judge James Walther ordered Taylor to pay $1,700 to avoid incarceration. He further ordered the deadbeat dad to refrain from fathering more children. Judge Walther detailed the provision during sentencing:
“… make all reasonable efforts to avoid impregnating a woman during community control or until such time that (Taylor) can prove to the court that he is able to provide support for his children he already has and is in fact supporting the children… ”
In May 2013, Taylor’s attorney Doug Merrill filed an appeal. He contends that “the condition for (Taylor) to not procreate is unreasonable and unconstitutional.”
As reported by Morning Journal, the Ninth District Court of Appeals has determined that Judge Walther’s sentence will stand. As Taylor was prohibited from fathering additional children as a condition of his probation, the court was tasked with assuring the conditions met several requirements
” (The court) must consider whether the condition is reasonably related to rehabilitating the offender; has some relationship to the crime of which the offender was convicted; and relates to conduct which is criminal or reasonable related to future criminality and serves the statutory ends of probation.”
Traditionally, the appellate court reviews documentation recorded before, during, and after a trial. As Taylor pleaded guilty, there was no trial. With limited documentation in Taylor’s defense, the appellate court was forced to make their decision without “a record adequate enough to complete a review.”
As stated in their finding, the appellate court based their decision on a limited number of journal entries, which were provided by the court. Therefore, Judge James Walther’s ruling was upheld.
ABC News reports that attorney Doug Merrill plans to file an appeal with the Ohio Supreme Court.
A similar case was reviewed by Ohio’s Supreme Court in 2004. Common Pleas Judge James Kimbler barred a deadbeat dad in Medina County from fathering any more children. However, he did not specify any conditions for lifting the order.
The Supreme Court eventually overturned Judge Kimbler’s order, as the conditions were ambiguous. Although the circumstances are similar, Probate Judge James Walther included conditions for lifting the provision within the original sentence.
Although the deadbeat dad was barred from fathering more children, Asim Taylor will have an opportunity to lift the order — if he proves financial responsibility.