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  1. #11
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    Jan 2006
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    Default Re: Establishing Paternity when There is Already a Legal Father

    when was the pertinent sol altered from ? years to 4 years?

  2. #12
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    Default Re: Establishing Paternity when There is Already a Legal Father

    First there was no SOL.

    Then in 2002, there was a new law put in place, and the SOL went from "there wasn't one", to 2 years.

    Then in 2011, it was 4 years.

    What I'm seeing is that when a new statute is created when none previously existed, any claims prior to that would be subject to the new SOL which would start running from the date it was put in place. But what we have in 2011 is a revision, not a new statute.

    - - - Updated - - -

    (I'm seriously going to buy you a huge drink for bearing with me on this one!)

  3. #13
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Establishing Paternity when There is Already a Legal Father

    He's challenging paternity. I have not seen the actual documents, and the court date is today (some disgusting hour of the morning - I don't do mornings, as y'all know!).

    I just feel like I'm either missing something huge or I'm just plain misunderstanding something because everything - EVERYTHING - I read, look at, absorb, digest, take on board tells me that he is time-barred no matter what part of the RCW he's citing.

    Flummoxed in Far North West.

  4. #14
    Join Date
    Jan 2006
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    38,867

    Default Re: Establishing Paternity when There is Already a Legal Father

    as is often, maybe you aren't getting the entire story.

    Has she challenged his suit properly?

    maybe they are allowing the alteration of the law to either initiate or at least extend the SOL. I never found anything addressing it clearly enough allow or disallow such.


    maybe it's going to be new law!!

  5. #15
    Join Date
    Oct 2006
    Posts
    15,981

    Default Re: Establishing Paternity when There is Already a Legal Father

    I just read this...at your suggestion...oh what a tangled web.

    What happened at the hearing?

  6. #16
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Establishing Paternity when There is Already a Legal Father

    Oh boy.

    Well, basically, this is how it was perceived by the commissioner. And to be perfectly blunt, that's how it truly did look - I can't deny that.

    Bio Dad came across as just some poor shmuck who wants to see his child. That's all he wants. Mom on the other hand? Mom was the conniving little witch who played musical daddies and is now doing everything in her power to get rid of him.

    He got a temporary order for standard NCP visitation pending a GAL's investigation and report.

    His attorney was smart - very smart. He used 26.26.116 to make things just murky enough to counter 26.26.540.

    The legal father also must now be included in the proceedings.

    They both lied on the stand about various issues but her lies were MUCH bigger than his. The commissioner asked her a couple of pointed questions and she out and out lied - big fat juicy lies. (And it pains me to say that because this is my grandchild they're fighting over). When she actually said what she said, I literally face-palmed. They actually video/audio record these hearings too - I'd love to see the expressions on MY face

    They don't have another court date yet and the GAL hasn't yet been assigned. Time will tell, but this is - perhaps surprisingly - boding well for bio Dad at least in the interim. And if we're being honest, that's not a bad thing. Because no matter how much Mom hates him, he was a damn good father to that little girl while he had her.

  7. #17
    Join Date
    Oct 2006
    Posts
    15,981

    Default Re: Establishing Paternity when There is Already a Legal Father

    Quote Quoting Dogmatique
    View Post
    Oh boy.

    Well, basically, this is how it was perceived by the commissioner. And to be perfectly blunt, that's how it truly did look - I can't deny that.

    Bio Dad came across as just some poor shmuck who wants to see his child. That's all he wants. Mom on the other hand? Mom was the conniving little witch who played musical daddies and is now doing everything in her power to get rid of him.

    He got a temporary order for standard NCP visitation pending a GAL's investigation and report.

    His attorney was smart - very smart. He used 26.26.116 to make things just murky enough to counter 26.26.540.

    The legal father also must now be included in the proceedings.

    They both lied on the stand about various issues but her lies were MUCH bigger than his. The commissioner asked her a couple of pointed questions and she out and out lied - big fat juicy lies. (And it pains me to say that because this is my grandchild they're fighting over). When she actually said what she said, I literally face-palmed. They actually video/audio record these hearings too - I'd love to see the expressions on MY face

    They don't have another court date yet and the GAL hasn't yet been assigned. Time will tell, but this is - perhaps surprisingly - boding well for bio Dad at least in the interim. And if we're being honest, that's not a bad thing. Because no matter how much Mom hates him, he was a damn good father to that little girl while he had her.
    Interesting...that does give me some hope that things are not so black and white that justice cannot prevail...at least when there is a good attorney involved.

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