How to Get Parental Rights to Biological Child With a Legal Father

[hurtmaybedad]

My question involves paternity law for the State of: washington

Had one night stand 5 years ago. Never saw her again. Met up with her last year and she had 4 year old son and we did home dna test and I'm the bio dad. My wife's exbf is the legal dad. We got married last summer before she was deployed.

Now she wants a divorce and I want custody at least in part for my son. But washington state says it is too late to change paternity but I wondered if the VA can order a paternity test that can trump state law?

A friend told me the va can ask for paternity testing to make sure the minor child's medical history is on file. Will they only ask for the guy on the birth certificate or can I go in and ask to be tested and can I use that in court to get his name removed?

She would probably tell them she doesn't know who the biodad is so can I do this without her?

Another thing is before she went back to deployed she filed a false dv on me. Her sister had POA by the way but it expired and so then CPS came out and they told us all that technically my son should be with his legal parent but since my son wasnt harmed and was staying with her sister he could stay there for now.

Will they tell biodad? Can he go get my son?

He hasn't seen them in years and I am really worried that I am going to lose my son.

Please help!

[hurtmaybedad]

And also I am Native American. Never lived on the reservation though...could I get tribal law involved to help me? I have been told that because I live outside of the res that they can't have jurisdiction?

Is that right?

Please help me if you can!!!!!

[Mr. Knowitall]

No, tribal law is completely irrelevant.

Is the child's legal father interested in giving up his rights, or does he want to remain as the child's legal father?

[hurtmaybedad]

Thanks for answering so fast that is awesome thankyou!

I don't know because he hasnt' been in touch. There are no custody or child support things in place and they werent married but he has txtd and emailed my wife a few times wanting to see my son but she just ignored him. The only thing I know is that he is the legal dad.

So I cant claim that she is part NA and under tribal jurisdiction? I figured but didnt' hurt to ask.

According to my wife if anything happened to her he would want custody just to be an ass about it. But then she is divorcing me and not exactly being truthful to me since she is cheating with a guy she is deployed with. I dont' think she would agree to him signing off his rights but is there any way I can force him to sign off his rights?

it has been 5 years and I know that is past the statute of limitations to challenge but there must be a way?

JAG wont' help me because she is the military person and I'm not.

Can I get the VA involved?

[hurtmaybedad]

Am I totally out of luck?

This is a done deal and I cant' do anything about it?

[Mr. Knowitall]

You're not the child's father. As far as the law is concerned, dad is the guy whose name is on the birth certificate. You cannot invoke tribal jurisdiction for somebody else's child, nor would it be relevant to a run-of-the-mill custody dispute.

Without the legal father's wanting to be out of the picture, and with his having taken the role of father, you're several years too late to commence a paternity action.

(1) Except as otherwise provided in subsection (2) of this section, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than two years after the birth of the child.


(2) A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that:

(a) The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and

(b) The presumed father never openly treated the child as his own.

[hurtmaybedad]

I'm not saying that i would ever do this but if i've been looking after her physically and we went to stay with relatives on the reservation would the state be able to get involved?

tribal law would rule over that?

[Spook]

What you should do in this is contact the res. They will have many options available to you, whether it's jurisdiction of tribal law or not, they will be able to do something to help. Also, they're probably more likely to understand that your child is your child whether or not he/she is legally your child.

[Dogmatique]

What you should do in this is contact the res. They will have many options available to you, whether it's jurisdiction of tribal law or not, they will be able to do something to help. Also, they're probably more likely to understand that your child is your child whether or not he/she is legally your child.

Would you like to explain your reasoning?

[hurtmaybedad]

Does nobody have any other advice? This is killing me and now my wifes sister isnt' letting me see my child unless she supervises!!!! I am also in court next month on two counts of physical assault 4 and criminal mischief 3 so what can happen? Can she really come home in summer and take my son to live out of state like she says she is going to do with her new boyfriend?