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  1. #11
    Join Date
    Oct 2016
    Posts
    3,305

    Default Re: Man is Trying to Claim He is the Father of My 7 Year Old Son

    I take it from your username that you were in the Marines. If that is the case follow this link.

    https://www.va.gov/OGC/LegalServices.asp

  2. #12
    Join Date
    Jul 2018
    Posts
    1,733

    Default Re: Man is Trying to Claim He is the Father of My 7 Year Old Son

    Quote Quoting USMCDaddy
    View Post
    Does he have any standing at this point to seek any rights or DNA test of my son?
    Highly unlikely. Since you were married to the mother at the time of birth, you were presumed to be the father and, after 7+ years, that presumption has almost certainly become irrebutable under the laws of either Oregon or Washington.

    I strongly encourage you to consult with and retain an attorney in the area where the case is pending.

  3. #13
    Join Date
    Oct 2006
    Posts
    15,669

    Default Re: Man is Trying to Claim He is the Father of My 7 Year Old Son

    Quote Quoting pg1067
    View Post
    Highly unlikely. Since you were married to the mother at the time of birth, you were presumed to be the father and, after 7+ years, that presumption has almost certainly become irrebutable under the laws of either Oregon or Washington.

    I strongly encourage you to consult with and retain an attorney in the area where the case is pending.
    He has already filed for a dismissal of the case because it was filed in the wrong jurisdiction.

  4. #14
    Join Date
    Jul 2018
    Posts
    1,733

    Default Re: Man is Trying to Claim He is the Father of My 7 Year Old Son

    Quote Quoting llworking
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    He has already filed for a dismissal of the case because it was filed in the wrong jurisdiction.
    Yes. I read the original post, just as you did. That particular fact isn't relevant to the question the OP asked about standing to seek rights, which is what I answered.

  5. #15
    Join Date
    Oct 2006
    Posts
    15,669

    Default Re: Man is Trying to Claim He is the Father of My 7 Year Old Son

    Quote Quoting pg1067
    View Post
    Yes. I read the original post, just as you did. That particular fact isn't relevant to the question the OP asked about standing to seek rights, which is what I answered.

    You told him to contact an attorney in the area where the case is pending. That area is currently the wrong jurisdiction and should be dismissed. He will need an attorney in his area, which is the correct jurisdiction.

  6. #16
    Join Date
    Jan 2016
    Posts
    410

    Default Re: Man is Trying to Claim He is the Father of My 7 Year Old Son

    Oregon Veterans Legal Service may be able to help: http://www.ovls.org/

  7. #17
    Join Date
    Jul 2018
    Posts
    1,733

    Default Re: Man is Trying to Claim He is the Father of My 7 Year Old Son

    Quote Quoting llworking
    View Post
    You told him to contact an attorney in the area where the case is pending. That area is currently the wrong jurisdiction and should be dismissed. He will need an attorney in his area, which is the correct jurisdiction.
    Of FFS, this isn't rocket science. Until the case that "should be dismissed" actually is dismissed, he'll need a lawyer in the area where the case is pending, and having a lawyer in "the correct jurisdiction" where there is no case pending and may never be a case pending will be of no use to him. If a subsequent case is file in "the correct jurisdiction," then he'll need a lawyer there.

  8. #18
    Join Date
    Nov 2018
    Location
    Eastern Oregon
    Posts
    4

    Default Re: Man is Trying to Claim He is the Father of My 7 Year Old Son

    Thank you everyone. I received an email from opposing counsel. She has agreed to drop the case. I'm not sure at this point if her client intends to try again in Oregon. I will not be able to afford an attorney and so far most of the free services are overbooked and can't help all who seek help. That being said I will spend the next few weeks looking up case law. Also I had the idea that if he does bring an action in Oregon I should fight every step of the process and appeal any ruling that goes against me. Delays it would seem only benefit my son and I.

  9. #19
    Join Date
    Jan 2011
    Posts
    298

    Default Re: Man is Trying to Claim He is the Father of My 7 Year Old Son

    Quote Quoting USMCDaddy
    View Post
    Thank you everyone. I received an email from opposing counsel. She has agreed to drop the case. I'm not sure at this point if her client intends to try again in Oregon. I will not be able to afford an attorney and so far most of the free services are overbooked and can't help all who seek help. That being said I will spend the next few weeks looking up case law. Also I had the idea that if he does bring an action in Oregon I should fight every step of the process and appeal any ruling that goes against me. Delays it would seem only benefit my son and I.
    Keep a very close eye on the court record and make sure that the case does get dropped.

    Fighting at every step, delaying tactics, etc. will likely require an attorney.

  10. #20
    Join Date
    Oct 2006
    Posts
    15,669

    Default Re: Man is Trying to Claim He is the Father of My 7 Year Old Son

    Quote Quoting USMCDaddy
    View Post
    Thank you everyone. I received an email from opposing counsel. She has agreed to drop the case. I'm not sure at this point if her client intends to try again in Oregon. I will not be able to afford an attorney and so far most of the free services are overbooked and can't help all who seek help. That being said I will spend the next few weeks looking up case law. Also I had the idea that if he does bring an action in Oregon I should fight every step of the process and appeal any ruling that goes against me. Delays it would seem only benefit my son and I.
    You need to keep track of the case and make sure that it is actually dismissed through the courts. The last thing you want is to assume that she follows through and just not show up. If she is unscrupulous, she could go to court anyway and get a default ruling for her client, because you didn't show up.

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