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Post by Jim on May 4, 2010 19:59:48 GMT -5
(2) A child is not bound by a determination of parentage under this chapter unless:
(a) The acknowledgment of paternity is consistent with the results of the genetic testing;is this actually up to date (according to his order)? its ironic how these two code posts of yours slightly contradict themselves....as most do. natural law of the land I suppose, all in the way of interpetation. But I see if his date s are in line and on paper he can totally do some appealable filings.....talk about trying to control the judge! All of this definantly needs to be put on the record during the hearing and then if the judge doesn't follow the law, appeal and file complaints against the judge...... IT IS NOT HIS COURT ROOM, IT IS OURS AND WE ARE PAYING THESE SCUM BAGS TO WORK FOR US.....DAMN I'M SICK OF THIS SHIT!!!!!!!!!!
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Post by Harrison on May 4, 2010 20:13:23 GMT -5
pdad, it's Tues, if it takes all night get your motions done or redone, EVERTHING MUST BE FILED Weds. or it's up to the Judges discretion if it's allowed or not, please DO NOT give them the wiggle room. There isn't time to serve the ex and the clerk will get every one else, so take her copy with you, just DO NOT hand it to her (that's improper service). the judge will direct the bailiff to give it to her
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Post by Harrison on May 4, 2010 20:20:45 GMT -5
DCS and the pros. att. both know who the father is, it's a railroad job, a fram up, and just wrong as it can be!!!!!!! And the state will be liable for the wrongful garnishment, damages and att. fee!!!!!! GET AFTER IT!!!!!!
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Post by presumeddad on May 4, 2010 21:02:31 GMT -5
Are you meaning file a motion for dna tests again? As he struck it last time I had the order signed. Due to the GAL and improper service of papers. I had her reserved again with papers and made sure the server wrote down exactly what was served. It is a guarantee that the other party(my ex) will not show for court. This will be the 8th time to superior court and the ex has not shown one time, just the prosecutor and she is only there to make sure I keep paying the $1,100 a month they are getting now. Neither the bio father or mother showed for the genetic tests back in 2008. So since I was in fact still married(though separated for 7 yrs.) they made me the father. I tried taking my kids to court as they know who the father is for witnesses but the judge would not allow anything to be said just struck it. I will show you everything from the hearing. Give me a second
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Post by presumeddad on May 4, 2010 21:34:29 GMT -5
If you click on the pic it will take you to my photobucket and the other pages are there. I didn't want to clog up the site with to many pics. The minutes are there also. Once again I cannot express enough how much I really and truely appreciate what you are doing !! My hat is most definitely off to you!!
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Post by Harrison on May 4, 2010 21:46:25 GMT -5
If it was struck, refile. Better to be safe.... The biggest mistake guy's make is note filing every piece of evidence and any issue they wish to bring before the court. He can't strike because he wants you to pay for a GAL, that's not your responsibility your not asking for custody and it's at his discretion to order one any way. When you say separated you mean a file papers legal separation, right? If so RCW 26.26.116 covers that with 300 days of after sight these laws in your motion it show that the judge had been made aware of the governing statue this will limit his wiggle room, other wise known as illegal judgements.
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Post by Harrison on May 4, 2010 21:49:07 GMT -5
It's not working
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Post by Harrison on May 4, 2010 21:53:48 GMT -5
Try to emaail them to me click my name and my address should be there shinerunner@q.com
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Post by presumeddad on May 7, 2010 10:06:20 GMT -5
Well here we go!!!!!!!!! We are ready for trip #9 to Superior court!! A Big time Thank you goes out to HARRISON!![glow=red,2,300][/glow] I wouldn't be this well prepared without all you have done!! Forever in your dept! I'll give ya a call when it's over.
We'll see if I filed too many papers!! I'll let ya know how it went when I get in tonight!
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Post by presumeddad on May 7, 2010 21:07:26 GMT -5
Well it didn't turn out as well as I had hoped for. Not a real bad one atleast. Judge made me wait till the prosecutor showed. Was the VERY LAST case. The bad part was that the meter where I parked was a 2hr. limit. Being last put me over the 2hr. and yup of course I returned to a $15.00 parking ticket. When I told the Judge that the other party was served locally he opened his eyes a little. After I stressed the fact that this was my 9th trip to court over this and not one time has the other party showed he did say to the prosecutor that the next time she is a no show I will indeed win by default. So I will file for the soonest date possible on Monday morning.Lets hope he keeps his word. It is nearly 100% chance that it will indeed be another no show. The GAL was appointed, and I believe she will help my case more than hurt it. I met with her today and it went quit well. I will meet with her again on Monday after she goes through all the notes from the case. One thing that I did do incorrect: When I filed all the papers on Wed. I should have given a set to the Judge up in his chambers. I blew that one because he never received any of them. So looks like yet another trip to the superior court for me!! Making it NUMBER 10
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Post by Harrison on May 8, 2010 11:26:05 GMT -5
Only 10 ? that's a good start, you have their attention. Did the judge order a DNA test? You really need that so you can shut them down once and for all!!! I would hate to see you back at the starting line and have to run this race all over again. If the GAL listens to you for 2 seconds and does what's RIGHT it will help, but trusting that's what will happen is a real stretch for me. The judge not getting his papers wasn't your fault, that's the clerks office dropping the ball, but of course you had an extra set right there handy.
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Post by Jim on May 8, 2010 16:16:06 GMT -5
Good job guys! I love hearing when something no matter how small it is goes in a positive direction when so much of this crap is negative. Keep plugging away with this and stay on top of it and try to stay one step ahead. I, like Harrison have a problem with trusting the GAL....but stranger things have happened and this GAL may be an insider for the Judge in a positive way. Never let your guard down and don't take anything for granted. 9 times and no contempt or default? That makes no sense?
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Post by presumeddad on May 30, 2010 13:23:13 GMT -5
Update as of May 27 2010 They (the courts) now have forced me to just sit on my thumbs. I must wait until the court appointed Guardian Ad Litem meets with my ex. It takes some intense looking to track her down(my ex) A whole lot of time which I am sure this lady is not prepared to invest. Meaning I now have no idea how much longer this will take. The judge will not even allow me to refile my divorce until this case is over. I met with the GAL and she wondered why she was even appointed to the case. She stated that she had read through all the files and that I filed all papers correct and was going about everything in the correct way. Everything I have, including my hope is now exhausted. The noose that has been thrown around my neck has tightened beyond my control and is now squeezing the last bit of life out of me. I don't know where to go anymore. If I had only one wish granted before my time is gone I would simply wish that the Judges and Prosecutors in my case would live ( even if only one day) the life they have forced my daughter into. So they may see the emotional struggle they put on someone. Even though they know they are wrong in doing it. To watch the Judge and prosecutor joking around with each other in the court room just seconds after placing an innocent family on the streets is sickening. So the state will continue stealing my unemployment check until the GAL(who had to rescheduled my appt. twice because she was to busy) finds the time to locate the mom simply to find out if she was served properly. That sucks!! The unemployment runs out in two weeks. I will not have the $1100.00 to pay the state of WA. for the child they have given to me. So I am sure they will take my drivers license first then I will be put into jail as a dead beat dad. That's what they do to learn you a lesson. Maybe I am their example for everyone else that wants to come to this state "That this is what will happen to you if you do not pay the luxury tax of a gift issued from this state!" Wether you want the gift or not!!
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Post by BertaSue on May 30, 2010 17:16:25 GMT -5
Gosh I wish I would have read this before today. Harrison & Framed anytime someone with a WA issue needs help in the forum and I haven't been around in a while, could one of you guys please shoot me an email? I've had so much going on in my personal life that I haven't been very attentive to the forum. Sorry
Bryan, have you considered filing for custody of this boy? My husband was also named as the father of a child when she was 8 years old in Colorado. They assessed him with 8 years of retroactive child support and a current child support order by default. He was never served with the action. The girl turned 18 in March and graduated from high school last week. My husband has never paid a dime of child support because he refuses to be employed anywhere that DCS can take his money.
I'm not sure what it would take legally to get you removed as this child's father because I've never assisted with a case like that before. But how would the mother feel about you taking custody of this child too? Better yet, how would the bio dad feel if you took his son? I'm just wondering if you have some pull if you went this route, maybe it would push her to come forward and admit that you are not the child's father? It sounds like this boy could benefit from a change in custody and it may be cheaper for you to raise him rather than pay child support. Usually not, but at least it would get you out of this mess.
If you decide to go the route of custody, I'd be happy to help draft the paperwork for you even if it's just to bluff her to remove you as the child's father.
It makes no sense why a GAL would be appointed in this case due to a service issue. The purpose of a GAL is to represent the child and see to the child's best interest and to report back to the court with their findings and recommendations for the child.
Service is very simple. You have someone over 18 serve the document and file an affidavit of service in the record. You must show proof of service in order to move forward with any decisions. Without seeing all the paperwork that has been filed in your case, I'm really at a loss. But I will help you if there's anyway I can.
BertaSuewww.FullbeautifulLips.blogspot.comwww.myspace.com/IrishDadnWA
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Post by Harrison on May 31, 2010 14:36:10 GMT -5
Berta, we batted the custody option around but proceedings were already in motion and even under pd's denial of paternity from the time he was notified, he has been denied due process of paternity through the lack of requested genetic testing. presumed, I'm sure there's a time limit imposed by law or rule (RCW/WAC) on the GAL. I got a few I take a look
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