Here are the facts:
My GF is wanting out of her marriage with her husband. The husband is not only refusing her getting anything done, he is also threatening to take their 2yr old son so that she'll never see him again...
From what its looking like, he is not the biological father... I am. I'm currently serving Active Duty in Japan and they reside at her parents home in WA state. (To which her parents want no involvement in this)
He is refusing a paternity Test and will "file" charges against me if she proceeds any further. I already know that he can't charge me with any Military or State Charges. However he's scared her to the point to where shes afraid to do anything. He has a temper that can be turned on and off with a switch, and barely supports her & doesn't take care of the boy.
This is a complex area, not subject to a quick answer. The law is that any child that is conceived during a marriage is presumed to be the child of the husband. This can be disproved, but she will probalby have to get a court to order a test. I would advise her to immediately seek the help of a local qualified family law attorney. He/She can give her good advice on the paternity issues and how to approach the custody question.
It is possible that it is too late to disestablish parentage. I also recommend that you hire a local well regarded family law attorney for at least a consult to discuss how much time you have to argue about who the child's father is. I believe it is 24 months. If the child is all ready two, I think it's too late.
This should not prevent your GF from taking steps to protect herself. In Tacoma, there is the Crystal Judson Family Justice Center that can help with facts like these. She only has to ask.
Elizabeth Powell
The husband can not stop the wife friom getting a dissolution. She starts the process by filing her own petition or getting counsel to assist her.
I believe that the time period to disestablish parentage has been changed to 4 years.
I would suggest that you contact a family law attorney and get a 30 minute free consultation. You may contact me and I will be happy to discuss the issues and my ideas with you right away.
you have the right to file a paternity case seeking to have you determined to be the father. you have 4 years form birth to do this.
§ 26.26.530. [Proceeding to adjudicate parentage - Time limitation: Child having presumed father]
(1) Except as otherwise provided in subsection (2) of this section, a proceeding brought by a presumed parent, the person with a parent-child relationship with the child, or another individual to adjudicate the parentage of a child having a presumed parent must be commenced not later than four years after the birth of the child. If an action is commenced more than two years after the birth of the child, the child must be made a party to the action.
You will need an attorney to file the case in the county where "the parents home" is located. you don't need to come to WA to to file the case and perhpas you can give a DNA sample from Japan. You should take some heat off of GF by filing the case and not waiting for her to do so. The divorce case will not determne paternity - there needs to be a separate case where you are a party - so get to it.
