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  1. #1
    Join Date
    Nov 2018
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    Eastern Oregon
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    4

    Unhappy Man is Trying to Claim He is the Father of My 7 Year Old Son

    My question involves paternity law for the State of: Oregon and Washington

    I have sole custody of my 7 year old son and I have been raising him since he was 10 months old. I was married to his mother when he was conceived and when he was born. She is now out of our life and has not seen our son for 5 years. In September one of her ex-boyfriends has filed in Washington Superior Court to Disprove Presumed Paternity and be declared my son's father. My son and I live in Oregon and have lived here for my son's entire 7 1/2 year life. I have filed a motion to dismiss the Washington case and I'm pretty sure the "gentleman" will file in Oregon. In the affidavit he establishes that he first learned of the birth in 2011 and has believed he might be the father since 2014.

    Does he have any standing at this point to seek any rights or DNA test of my son?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

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

    You are named as the father on the child's birth certificate?

    Was the child born in Oregon?

  3. #3
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,419

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

    Where was the custody order? What state? When? If it's been 7 1/2 years it may a bit of a heavy lift here in WA and it may be in OR as well, for the ex, even if he's the biological father.

    Both OR and WA have adopted the Uniform Parenting Act which grants parentage to individuals who are not the legal parents, or adjudicated parents, as long as they are, in short, acting as parents, have bonded in that role and are doing so with no remuneration...largely. This is over simplifying complex issues, however, especially since neither state has an SOL on paternity challenges.

    That said, as above, 7 1/2 years is pretty out there and if you're the legal father, as I presume you are as you have sole custody (through a court order, right?).

    Why would the ex file in WA if you've never lived there?
    "Where do those stairs go?"
    "They go up!"

  4. #4
    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

    I am on the birth certificate.
    I was granted sole custody in Oregon in 2013.
    My son was born in Oregon and has lived here his whole life.
    Also of note I have been raising my son his whole life. For his first 10 months jointly with his mom and with sole custody since he was 10 months.

    Yes I have sole custody in Oregon. The ex filed he Washington because he erroneously believed my son lives there with my ex-wife. I have filed a motion to dismiss I am pretty sure I will win.

    I thought I read in Oregon law he only has 2 years after he finds out to bring an action.???

    Also of note, my ex-wife is now a transient living an unlawful lifestyle of drugs, shoplifting and prostitution and will likely never be a factor again.

  5. #5
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,419

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

    Filing in OR is meaningless. Since your original custody case was filed in OR it'll get dropped....barring any odd circumstance. The courts don't like changing jurisdiction of established child custody orders/proceedings.

    I couldn't find anything that explicitly stated that OR had a SOL for this sort of thing. I did find information that stated the opposite. Admittedly, I had limited time to search for it.

    Your ex-wife's circumstance is immaterial since she's not the one filing.

    You're the legal father, you've been in that role for the child's whole life. It's unlikely that would change in favor of a stranger simply because of a matter of genetics; courts have been backing away from that simple and largely circumstantial evidence in favor of active role of parenting. As you're the legal father and the active sole parent I 'd say you're pretty safe.

    Please, please hire an attorney to protect your interests! This is important enough that you really don't want to screw it up especially if the ex has one.
    "Where do those stairs go?"
    "They go up!"

  6. #6
    Join Date
    Oct 2006
    Posts
    15,683

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

    Quote Quoting Mark47n
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    Filing in OR is meaningless. Since your original custody case was filed in OR it'll get dropped....barring any odd circumstance. The courts don't like changing jurisdiction of established child custody orders/proceedings.

    I couldn't find anything that explicitly stated that OR had a SOL for this sort of thing. I did find information that stated the opposite. Admittedly, I had limited time to search for it.

    Your ex-wife's circumstance is immaterial since she's not the one filing.

    You're the legal father, you've been in that role for the child's whole life. It's unlikely that would change in favor of a stranger simply because of a matter of genetics; courts have been backing away from that simple and largely circumstantial evidence in favor of active role of parenting. As you're the legal father and the active sole parent I 'd say you're pretty safe.

    Please, please hire an attorney to protect your interests! This is important enough that you really don't want to screw it up especially if the ex has one.
    The bolded is the most important piece of advice that you have received on this thread.

  7. #7
    Join Date
    Jul 2018
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    1,756

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

    Quote Quoting USMCDaddy
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    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.

  8. #8
    Join Date
    Oct 2006
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    15,683

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

    Quote Quoting pg1067
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    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.

  9. #9
    Join Date
    Jul 2018
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    1,756

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

    Quote Quoting llworking
    View Post
    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.

  10. #10
    Join Date
    Oct 2006
    Posts
    15,683

    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.

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