I know it should have, but if you're me, and you're getting all these "papers that look legal" you just shake your head going, "how?" When I learned of the new name he gave him and him concealing his identity and everything else I looked closer at the whole file, which cost me a good 60 some dollars for just "copies", then I had to get certified copies. then I called police and they were like "2006?" and yeah it sounds weird but still, who in the world can put illegal documents in a file? That's what I couldn't go to the judge saying unless I wanted to look like a bigger fool. DCFS wouldn't help, just shrugged their shoulders, and I was just stuck. I think the motion to show cause, also states the judge will review the file, (which I've been requesting for two months now, but didn't know you had to do it in some specific way......) I mean, I'm wondering if I should have had the service be on his attorney in the first Decree, or if serving just him is all I need? Any help in this would be grand.

If he does still have the attorney representing him then he can pass the notice along to him/her at this point. Then the attorney can make the court aware that they are representing him so communication can be directed through them. Did you ever find out if the judge signed anything since you submitted your last petition? Has there been a court date set? As long as you got everything into the judges office then you are waiting on the judge to make a move. If they won't tell you over the phone then you should still receive a letter in the mail.

You seem a little calmer now. Maybe even a little more level headed after having certain things explained better. Legal documents can be confusing that is understandable. Good luck! Let us know how it goes.

I certainly understand being confused and intimidated by legal documents. But that's when you consult someone to help you wade through the legalese. The major fact here is that he can't change the original decree without a hearing that you attended. Had you understood that one fact, it brings all his other actions into question.

How can a Decree be changed without a proper motion? From what I've read and investigated you first must have a motion, then an affidavit, then an order.And I called on Thursday and didn't hear anything yet, they said it was in the judges office. Why does my head keep going back to Writ of Assistance? And whether it should be ex parte or not?

That's the point we made initially. The decree can be changed but only by going through proper procedures. Now its possible he lied about service and got a default decree when you didn't show. But that can then be overturned. That's why the advice has always been to get the court to enforce the decree.

::wiping sweat from forehead:: You almost gave me a panic attack. I got hold of this service, they intend to charge me $600 minimum to fill out an exparte order for custody. Not sure what to think about that. I just need someone to look over the docs I have filled out to see if any details need changing to file them correctly... and that should not cost me no $600... argh! Where are all the attorneys that are supposed to give so many pro bono hours a year? I mean, do they even exist anymore? I've read up on the code and ethics part of attorneys and that's in there, but where to find them... ::staying calm:: deep zen breathing.

And yes, you guys have helped me in so many ways it's crazy. Like how to wrap my head around a document that could mean all the difference in fubbing up a case entirely or prevailing is stress at it's utmost degree. Making mistakes are part of human nature, but this is my child at stake here, and his well being... So crazy nervous, and your answers and insight have certainly helped me maintain some sense of relief... just feel like I'm still missing something... Like that motion to vacate that judgement/order he put in.. and prepare it properly so I don't get it sent back again with non compliance areas addressed.

Check with local law schools. Many have clinics that can help with paperwork.

Also, I'm not sure if you need an order for custody. You already have one. You just need the court to enforce it.

(b) Except as otherwise provided in W.S. 14-2-607 and 14-2-608, a valid denial of paternity by a presumed father filed with the state office of vital records in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

Which means he has no rights... he never brought forth a proceeding to rescind his denial of paternity... this guy is beyond a kidnapper.

I'm confused. He filed a denial of paternity? Was that before or after the decree?

So is he not the legal father? At some point when you were going to court was he deemed not to be the father? Generally before a court orders custody and child support they determine who the parent(s) are. Were you two married when the child was born so he was presumed to be the father then denied it but it was never dealt with? I'm confused where this new (to me) information is coming from.

But back to the papers that you already filed. You called the court and they told you that they were in the judges office but he/she had not signed off on anything or ordered a hearing or anything. Is that right? In that case I imagine the judge is still looking into things before deciding how/when to go forward with anything. Which means that chances are you will get something in the mail.

As for the attorney charging you $600... check with law schools in the area sometimes they will have students look over things for practice and you won't be charged. As for the pro Bono stuff lots of lawyers do free services but they can't afford to do it all the time. My cousin just graduated from NYU and took the bar. She is going to be paying her student loans for a very long time in large amounts a month. So, when looking for reduced rates you might want to contact someone who has been in practice a long time or like already said a law school.

But I have to ask, if you are trying to prosecute him for kidnapping the prosecutors office would handle that, so have you contacted him/her office? The reason I ask is because more than once you refer to him as a kidnapper and in the last post said he is even more than a kidnapper (which isn't something you can charge someone with but I imagine that was just your frustration).

Okay, let me try to straighten all this out. He raped me, 2 weeks later when going in for my birth control shot, I was found to be pregnant. I claimed him to be the unwanted father of the baby I was carrying, and he denied it and denied it and then after the child was born, Human Services filed suit against him to determine paternity. He could have said, "Yeah, I'm the father, it's all good" but he denied it. So when a child is born, you fill out the docs for a birth certificate at the hospital. I filled it all out, and that's when Human Services pursued proceedings on him, and he denied being the father. So they processed the birth certificate with my name on it.. no father. Then we went through all the paternity testing, and after the tests came back he was ordered to pay support because he was in fact the father... but he never signed the birth certificate. His name was added, due to 99.999% paternity test results, not due to him signing an acknowledgement of paternity... which the statute states above, is equivalent to an adjudication of non paternity.

That's why when we signed the settlement and agreement, it stated "Release and Discharge" as to full release of any actions, demands or claims addressed, which were custody, support, visitation, insurance::see below.

1. That if a final Paternity Decree is granted and awarded to
Either of the parties incorporating the provisions contained
Herein, the terms of this Stipulation and Agreement shall
Constitute a full, complete and final settlement between the
2
Parties with regard to certain rights and duties arising from their
Relationship, specifically with regard to their respective rights
To custody of the minor Child, child support payments in connection
Therewith, insurance coverage for said Child, visitation rights to
Said Child, and all other matters at issue in the Cross-Claim.

Our decree is entitled DECREE OF PATERNITY AND SUPPORT BY STIPULATION. Now do you all see why I'm not crazy at all in saying he's got no right to ever modify custody... NONE. The Decree's final paragraph states : 16. That any and all terms contained in the parties'
Stipulation and Agreement are made a part hereof and, in the event
Of dispute regarding the rights and obligations of the parties, said terms shall control.

He's got obligations of child support, insurance coverage, and that's about it. I've got all the rights... and I'm not ordered in any specific terms to grant him visitation if I don't want to, he's so done. I'm going to try and get an emergency writ of assistance written up... been looking for forms online all over the place, and I'm at a loss. Cause I will get a hotel up there on Tuesday night, and get my child returned Wednesday morning, cause that man needs to learn that a mother never stops just because she's poor... cause a mother's love drives her to endure sleepless nights, road blocks, detours and of all, false accusations and distress by a kidnapper to prevent her from thinking she's right.

Again, your understanding of the law is lacking. If a court ordered DNA test proved him the father AND a court ordered him to pay support then he is the legal father.

You say he raped you, was he ever charged, convicted?

But since he is the legal father, he would always have the right to go back to court and try to claim his rights as the father. I can't imagine a court granting any in those circumstances (especially now), but that doesn't mean he couldn't try. But taking the child without getting a court to say he could IS kidnapping. And, at some point I think you need to investigate prosecuting him for it.

All right that clears things up slightly. I say slightly because if he raped you you should have pressed charges right away! I am not saying that you weren't raped but by taking care of that right away it would have saved you a whole world of stress now. Next, as scott pointed out the court added him to the birth certificate making him the legal father, so yes, he is able to go back to court to ask for a modification. That is the part that it doesn't seem he did.

When you went to court in 2006 what did the judge say? I know you didn't hear him order anything. However, I have never ever known of a judge to hold court and not say a single word and just walk out. There had to have been something said. Even it if didn't seem important at the time. Other wise there is no reason that you couldn't have left with your son then. So think hard and go back to look at paperwork from back then just to double check that you are remembering right.

I still think you should call the prosecutors office on Monday though because you don't have to pay a separate attorney if they will take the case.

If I were the judge, I would appoint a guardian ad litem for the child and I would evaluate all parental abilities... Having sole custody and not exercise rights for eight years sounds strange.
What about BEST INTEREST OF THE CHILD?

Scott, the case is under civil domestic relations, not married, or consenting or having any past live in setting together... The statute is only interpreted just how it is written. "If you deny paternity and there is a birth certificate without the father's name filed with vital statistics (birth certificate with no father)"(valid denial), and then found to be father due to forced dna tests by State Agency Proceedings, (then the state puts your name as father) valid acknowledgment of paternity, = an adjudication of the non paternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

(b) Except as otherwise provided in W.S. 14-2-607 and 14-2-608, a valid denial of paternity by a presumed father filed with the state office of vital records in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the non paternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

The statutes that are the exceptions have time limits for the father to start proceedings for rescission of denial.. and they are well long gone... to wit, he's got no rights or duties.

the only statues of which any party can enforce or modify are:
20-2-311. Adjustment of child support orders.
20-2-201. Disposition and maintenance of children in decree or order; access to records.

(a) In granting a divorce, separation or annulment of a marriage or upon the establishment of paternity pursuant to W.S. 14-2-401 through 14-2-907, the court may make by decree or order any disposition of the children that appears most expedient and in the best interests of the children. In determining the best interests of the child, the court shall consider, but is not limited to, the following factors:
(which here is obviously upon the establishment of paternity pursuant to those statues)

20-2-202. Visitation.

(a) The court may order visitation it deems in the best interests of each child and the court shall:

(I) Order visitation in enough detail to promote understanding and compliance;

(ii) Provide for the allocation of the costs of transporting each child for purposes of visitation;

(iii) Require either parent who plans to change their home city or state of residence, to give written notice thirty (30) days prior to the move, both to the other parent and to the clerk of district court stating the date and destination of the move. In the event a confidentiality order has been entered pursuant to W.S. 35-21-112 or any other court order allowing a party to maintain confidentiality of addresses or other information identifying the residence of the victim of domestic abuse, the address, city or state of residence or other information identifying the residence of the victim of domestic abuse shall remain confidential.


(c) A court having jurisdiction may modify an order concerning the care, custody and visitation of the children if there is a showing by either parent of a material change in circumstances since the entry of the order in question and that the modification would be in the best interests of the children pursuant to W.S. 20-2-201(a)upon the Establishment of Paternity lol... he can only petition the court for modification upon the establishment of paternity. Oh man oh man, follow the dots (or statutes... ) they all lead back to, he's got no leg to stand on. :D 14-2-401 through 14-2-907 are adjudicated steps to determine parentage. Hee hee. Me loves it!

GV70,I never even knew what a writ of assistance was until December 2013, when a lieutenant that saw the police narrative proving the man used them and took the kid the very same day they told him his papers were not legal, and needed a judges signature. Of course I go down to the station to file a report and they are like "Yeah but his documents you're showing us, show he has custody due to the modification!" and I'm going "No.....look at his claims in the fake order....his admitting having physical custody of the child since the day you guys told him no!" So yeah, if I'm to be evaluated, maybe all the law enforcement peeps should too, cause they don't know whether to charge him with felony child abduction, or custodial interference interstate (felony)... or if they even can cause his papers say he's got sole custody. So yeah, it's not like I've not tried... I just didn't know how to considering all these illegal "legal looking" court documents are drowning me stating he's modified the decree I full well knew deep down that he had no right to... but then if he had no right to, how did he get them in the file... and who would allow fake orders in a file? Argh... obviously you've no idea... and yeah, until I knew I could do it, without getting hopes up for my kid and myself, just to let them down or cause his assumed father to take flight before I could get him back, or put my child in a position to endure his father's relentless verbal and mental abuse... all the while, he's telling me I'm going down as a dead beat parent for not paying support... and how the courts would just love for me to go up and demand visitation owing so much in back support... like constant intimidation by way of threats verbally calling me things I'm not and making it a question in my mind whether to try and call to see my son... knowing he's just going to rant and belittle me in any way he can just to say "No" for no reason, because he's trying to alienate my son and I... you've no idea what lengths I've gone through or endured in even thinking of "trying to get my kid back"... I've even yelled at the court clerks, after begging them to review the file and remove the illegal order... so I could get my child back... and when I finally told the kidnapper, he was a kidnapper by clear and convincing evidence, what did he do? Oh yeah, called DCFS and told them he thinks I'm doing drugs and involved in a DV case. So yeah, they are in my life once again... and he thinks that's going to stop me like it did last time, and he's dead wrong, cause I welcome DCFS to investigate me, so long as they are in my life when my child is returned, butt head will realize he's got no chance in heck to attempt to take any action against me, cause he'll be in prison if I have any say about it. :D

Oh Stina, sorry, trying to research and losing track of who's asked what. So okay, I showed up in court and the judged said hello the "counsel for petitioner" who initiated the ex parte emergency custody order pro-se... suddenly has an attorney I never knew of, and he asks me "How are you today Ms. "". and I answer, fine thanks. He looked at the counsel for petitioner and asks him what we are there for, and he rambles off something about the temporary order and how his client is clearly the fit parent of the hearing...and the judge looks at me, and asks if I have anything to say, and I blurted off, "I'm asking for a motion to dismiss on the grounds of improper venue pursuant to such and such statute (I had them written down so I wouldn't fub up), and ask the court to order the petitioner to return the child to his sole legal and physical custodial Mother immediately". Then the lawyer starts having a fit saying, "Your honor! Just because she's pro-se, there are civil rules of procedure that have to be followed, and I've received no such motion and am not aware of any filed with the courts." and I interrupted stating, "that's because your client refused all mail sent to him by me." And then the judge asks counsel, "You are representing your client are you not counsel?" "Yes your honor I am representing the father in the matter... " and the judge interrupted him, "Then how come," he holds up my motion to dismiss.."Her motion is in my file and now in yours? Have you even looked at this case file?" he said with a smirk on his face.....and the counsel stumbled for words, while never really finishing one...and the judge goes, "Fortunately, she didn't file an order to go with it." and I about crapped myself, cause I knew I had......so here's where it's tricky. I attached the original decree to the motion to dismiss....(I didn't put "exhibit" on it) and had the judge granted my motion...(not sure he could have but I'll look that up later) but had he, it would have dismissed the entire civil case and render my decree useless and without force. So I'm glad someone lost that order..cause man alive....I was just trying to attach it as evidence as to the petitioners lies in his petition, stating no one had custody or he was not a party to any other litigation of the child pertaining custody of the minor child........so yeah....that happened. And counsel composed himself stating, while standing tall and trying to appear as if he had power, but yet never even looked over the case..ha ha and said, "Your honor, respondent clearly knows we are not here to discuss the temporary order for custody, but to seek permanent custody of the minor child on behalf of the petitioner." and I went WHAT! Like hello...I had never received a thing about custody, and I said, "I object your honor, this is illegal and they can't do that." and the judge is giggling, as he watches the petitioner and his counsel acting like they've got control now. counsel then state, "Your honor, there has been a substantial material change in circumstances regarding the defendant, upon which is clearly been submitted to the court and why the petitioner has been caring for his son for the last 6 months, providing adequate housing, education, medical and the adjustment has gone well." and the petitioner speaks up, "I purchased a large home where my son can safely get to and from school which is 200 feet from the home, and." the judge stopped him, stating, "It's nice to hear of all your purchases mr "", but a home doesn't make a person a good parent by any means"... and he shut up, And we all sat there, wondering what was next. The judge was silent. He asked me how I was doing with my case with DCFS in Utah and I told him the kids were already living with me, and now they want their brother home, where he belongs. And he said, "So they are on the road to reunification?" and I said, "Yes your honor," and he said, "Good to hear, keep up the good work." and he got silent again, looked at the counsel, who was expecting the judge to crack his gavel and issue his client custody... and he didn't and he spoke again, "Your honor, in lieu of all the evidence and being the defendant is a meth addict, and the father in this case is a retired teacher established in the community and stable, we ask that you grant relief sought by petitioner." and the judge just looked at him again. I mean, seriously there was no conclusion, and I spoke up and said,"Your honor he's kept me from my child ever since he took him illegally, and refused even phone conversations with him and he's my child and his birthday is 2 days away, and he needs to be home with his brothers." and of course at this point I was crying.

Counsel chimed in, "Your honor, its clearly apparent that the defendant is mentally unstable and is not the fit and proper parent in these proceedings, and with that and the children being in DCFS custody and her meth addiction," and I spoke up in anger, "I was never once on meth, and you best quit saying that if you can't show proof or evidence to back it up.!" and of course the father is giggling, because I am no longer composed, instead I'm pissed and in tears and tired of the crap... and the judge is once again begged by counsel to see the light of his client deserving custody, and the judge throws his hands in the air and says, "Yeah, uh uh, while we're at it, why don't we just order the whole decree to be reversed counsel," and shook his head in complete frustration over the idiocy of counsel. And I said, "you can't do that, this is completely illegal and I'm not signing anything to agree to this crap.......I will not cause he knows he's got no legal rights, and he's a liar and he's a child abuser, he got charged for abusing my autistic son, and our son has disabilities too......and there's no way he should ever be around a kid like that."
And the father, who was walking around tickled pink thinking he just got a judgement in his favor, was questioned by the judge about the charge of child abuse charge, and of course, he made it seem like he barely slapped the child for spitting in his face, (when he was actually kicking the child in the ribs repeatedly after trapping him under the kitchen table)... and the judge said, smugly, "Oh yeah, oh I understand," while taking notes... and I started to walk out the courtroom saying to the father, "You better not hurt my child.....cause I know this is illegal and I'm not signing anything saying I agree to this crap....." and the judge said, "Ms. "", get better, and get some help," and he looked to the father, and said, "You better watch your step."

Okay, that does help to know what happened greatly. Now, if I am remembering right that was in Wyoming. Correct me if I am wrong. So that brings me back to another question that was asked but I don't remember you ever answering... When you moved did you ever petition for a change in jurisdiction? If not Wyoming kept jurisdiction so it didn't really matter that the six month requirement jurisdiction didn't matter because they already had jurisdiction.

Next, while I know it sounds to you like the judge didn't say anything. He did. He warned the father to watch his step but left the child in his care. He also advised you to "get better and get help" meaning he wasn't returning the child to you under the circumstances presently before him.

As for the police, they are the police, not attorneys. It is the attorney's job to make sure legal documents are legal not the police. I know you have been approaching this with civil court but like I said before. If you really believe that non of his motions or anything were done legally, call the prosecutors office tomorrow. The prosecutors office may or may not take the case. But at least contact them to show that you really are doing everything in your power and using every resource that might help. I'm really not trying to harp on the fact that it has been this long but that really doesn't work in your favor so you have more to prove by it taking so long to decide to act further. Not just because you got angry at the father but because you really do want your child and believe he is better off with you.

Hopefully you hear back (by phone or letter in the mail) about your latest motion to know how and when to proceed. But you have to get out of your head that you are the one that signs off on things. More than once you have said "if I have any say in it" or even telling the judge himself "you can't do that, this is completely illegal and I'm not signing anything to agree to this crap". It wasn't your place to sign off on anything it was the judges. Generally, judges don't look kindly on people coming in telling them that they have the judges job and the judge doesn't know what he is doing. Just a word of advice when you go back to court.

Quote:

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Originally Posted by choosinganangel

His name was added, due to 99.999% paternity test results, not due to him signing an acknowledgement of paternity... which the statute states above, is equivalent to an adjudication of non paternity. .

---

Sorry but you read statutes as Satan reads the Bible. There are several ways a legal paternity of a particular child to be established:
1. Presumption
2 Paternity acknowledgment
3 Court proceeding and adjudication / it is your case/
See WY statutes:
14-2-501. Establishment of parent-child relationship.
(b)The father-child relationship is established between a man and a child by
(iii)An adjudication of the man's paternity;
14-2-402. Definitions.
(a)As used in this act:
(ii)"Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child;

Quote:

---

Originally Posted by choosinganangel

1. That if a final Paternity Decree is granted and awarded to
Either of the parties incorporating the provisions contained
Herein, the terms of this Stipulation and Agreement shall
Constitute a full, complete and final settlement between the
Parties with regard to certain rights and duties arising from their
Relationship, specifically with regard to their respective rights
To custody of the minor Child, child support payments in connection
Therewith, insurance coverage for said Child, visitation rights to
Said Child, and all other matters at issue in the Cross-Claim.

---

20-5-206. Effect of child custody determination.
A child custody determination made by a court of this state that had jurisdiction under this act shall bind all persons who have been served in accordance with the laws of this state or notified in accordance with W.S. 20-5-208 or who have submitted to the jurisdiction of the court and who have been given an opportunity to be heard. As to those persons, the determination shall be conclusive as to all decided issues of law and fact except to the extent the determination is modified.

Quote:

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Originally Posted by choosinganangel

Now do you all see why I'm not crazy at all in saying he's got no right to ever modify custody... NONE

---

14-2-823. Binding effect of determination of parentage.
(a)Except as otherwise provided in subsection (b) of this section, a determination of parentage is binding on:
(I)All signatories to an acknowledgement or denial of paternity as provided in article 5 of this act; and
(ii)All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of W.S. 20-4-142.
The binding effect is about parentage but not about any future custody/visitation etc determinations

And finally... be ready to be asked, ' Why you have been missing for eight years?"

Wow GV70, you've got some issues as well it seems. First you said 7 years, now 8, and missing? Is not even close, I've always talked to my child so long as numb nuts let me, and I even gave him a cell phone so when his dad made it impossible he could call me and I'd get help his way... and when his father found it, he threw it away. So let's see, missing is no one knows where I am? Having no presence in my child's life? Wrong wrong wrong and wrong. And as per your lovely Statues, trying to ignore my entire VERY VERY TELLING statute about his rights and duties as a parent, is telling.
(c) A court having jurisdiction may modify an order concerning the care, custody and visitation of the children if there is a showing by either parent of a material change in circumstances since the entry of the order in question and that the modification would be in the best interests of the children pursuant to
W.S. 20-2-201(a).
(a) A court in this state which enters a custody order under W.S. 20-2-201 has continuing subject matter jurisdiction to enforce or modify the decree concerning the care, custody and visitation of the children as the circumstances of the parents and needs of the child require, subject to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act.

20-2-201. Disposition and maintenance of children in decree or order; access to records.

(a) In granting a divorce, separation or annulment of a marriage or upon the establishment of paternity pursuant to W.S. 14-2-401 through 14-2-907, the court may make by decree or order any disposition of the children that appears most expedient and in the best interests of the children. In determining the best interests of the child, the court shall consider, but is not limited to, the following factors:

So if I'm correct, then unless he's not established paternity, (because it reads, Upon the Establishment of Paternity)... then yeah he can modify it. Lol But being that he was the adjudicated father, and I'm not claiming anyone else can be, then he can't bring it to the court to modify it either way :D EVER! His time limits to rescind his denial of paternity is way over, (2 years). Why do you think he's secretly changed the child's name? Cause our decree speaks of what the child's name shall be caused to be... oh and yeah, baby, can you say F.B.I. hee hee

That each of the parties, and both of them, understand
Their rights to petition the Court to enforce and/or modify the
Terms of any Court Order or Decree pursuant to the provisions of
Wyoming Statutes 20-2-201 through -204 and -311(d) (and any
Amendments thereto), and that any such modification may not be
Effective prior to the date of filing an appropriate motion or
Petition for modification.

(b) The father-child relationship is established between a man and a child by:

(I) An unrebutted presumption of the man's paternity of the child under W.S. 14-2-504;
14-2-504.Presumption of paternity in context of marriage.(never married or lived together dear)

(iii) Identified as the father through genetic testing under W.S. 14-2-705;
(vii) "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity under article 5 of this act or by adjudication by the court;

(xxi) "This act" means W.S. 14-2-401 through 14-2-907.

You come here asking for help. Several people have tried to help by explaining to you that you are misreading the law. Instead, you argue with them. If you know so much why are you in this predicament in the first place?

I wish you well, but I have a hard time understanding your attitude here.

Quote:

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Originally Posted by choosinganangel

. Lol But being that he was the adjudicated father, and I'm not claiming anyone else can be, then he can't bring it to the court to modify it either way :D EVER!

---

As I said you read laws as Satan reads the Bible! It is only your desire but you are out of the truth!
Even third parties may bring action for custody.
He "missed" what?
I lost interest but would you like to cite statute, article, etc where it is said that ADJUDICATED FATHERS do not have rights for custody?

Quote:

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Originally Posted by choosinganangel

(b) The father-child relationship is established between a man and a child by:

(I) An unrebutted presumption of the man's paternity of the child under W.S. 14-2-504;
14-2-504.Presumption of paternity in context of marriage.(never married or lived together dear)

(iii) Identified as the father through genetic testing under W.S. 14-2-705;
(vii) "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity under article 5 of this act or by adjudication by the court;

(xxi) "This act" means W.S. 14-2-401 through 14-2-907.

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It is about Presumption of paternity in context of marriage... and your case is not this one.The applicable article is:
14-2-501. Establishment of parent-child relationship.

(a) The mother-child relationship is established between a woman and a child by:

(I) The woman's having given birth to the child;

(ii) An adjudication of the woman's maternity; or

(iii) Adoption of the child by the woman.

(b) The father-child relationship is established between a man and a child by:

(I) An unrebutted presumption of the man's paternity of the child under W.S. 14-2-504;

(ii) An effective acknowledgment of paternity by the man under article 6 of this act, unless the acknowledgment has been rescinded or successfully challenged;

(iii) An adjudication of the man's paternity;


(iv) Adoption of the child by the man; or

(v) The man's having consented to assisted reproduction by his wife under article 8 of this act which resulted in the birth of the child.

Quote:

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Originally Posted by choosinganangel

Scott, the case is under civil domestic relations, not married, or consenting or having any past live in setting together... The statute is only interpreted just how it is written. "If you deny paternity and there is a birth certificate without the father's name filed with vital statistics (birth certificate with no father)"(valid denial), and then found to be father due to forced dna tests by State Agency Proceedings, (then the state puts your name as father) valid acknowledgment of paternity, = an adjudication of the non paternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

(b) Except as otherwise provided in W.S. 14-2-607 and 14-2-608, a valid denial of paternity by a presumed father filed with the state office of vital records in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the non paternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

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Again-what does marital presumption have commonly with paternity adjudication?
As I said there are several ways a paternity to be established:
1 Paternity presumption/ that's mean marital presumption/
2 Paternity acknowledgment
3 Court adjudication of paternity.

You messes paternity presumption and adjudication.

(b) Except as otherwise provided in W.S. 14-2-607 and 14-2-608, a valid denial of paternity by a presumed father filed with the state office of vital records in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the non paternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

Presumed father... (is the one I'm claiming to have caused the pregnancy)
Valid Denial... (by a presumed father... ^filed with the state office of vital records) initial birth certificate filed, no father's name, once asked by DFS to sign that he was the father, he refused stating he wasn't, went and got an attorney) they filed the birth certificate as accused father denies paternity... Valid acknowledgment of paternity, is after proven to be the father through court ordered genetic tests, and ordered by DFS to add his name as father, which is equivalent to an adjudication of the non paternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

14-2-607. Proceeding for rescission.
14-2-608. Challenge after expiration of period for rescission.

He is discharged from all rights and duties of a parent.

Yes, he's the paternal party of the child, and he should have not denied it and tried to claim "sterile" or tried to threaten me if I tried to name him as the father... when trust me, if I had anyone else to accuse I surely wouldn't have chosen him... he's got no parental rights or duties, but he does have an obligation by law, to provide for a child, even if he didn't want it, and didn't want it to be his. :D Get me? I'm just going by exactly what the statute states.

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Originally Posted by choosinganangel

Get me? I'm just going by exactly what the statute states.

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But that is one of the problems with the law. For every statute, there may be one that contradicts it. Please the law is not black and white. There are nuances, practicalities, etc. That's what keeps lawyers in Mercedes. And your problem is that you are hanging your hat on one statute and ignoring others. You are not arguing in front of a judge here. You don't have to convince us that this guy deserves to be in jail and your child belongs back with you. You did that a while ago.

But you have a very limited understanding of the law and one that is very skewed. You are hanging your hat on statutes that don't apply or ones that you are misunderstanding. Again, if you are going to ignore the advice you are getting and argue with us, why bother continuing. Your fight is with the courts not us. We have told you how the courts will look at it.

Just signed the order to show cause!! I think I can now go and retrieve my child with police assistance!

Yay, Let us know how it works out.

Glad to hear you are making progress!

I put the order in on Tuesday last week, he signed on Thursday, and had I not called today to see what was what, I would haven't known until it was mailed to me. I'm so excited I could cry... now to figure out if I can give my friend permission (that lives up where he is) to get the order (certified copy) from the court and get police to help her go get my child tonight, because by the time I get there, courts will be closed. Kidnapper should be served today or tonight, so I'm not going to take any chances on him fleeing... again. I've got every police department on alert who called me crazy cause he had an "order" that I called fake, as well as DCFS... lmao claiming I'm mentally unstable by thinking my child was kidnapped by his "paternal" father. Lmao So excited... and yet on edge. I've had investigators working on this for 1.5 months now and they didn't do a think, so the least they can do is assist me in bringing my child back to Utah... and yeah, someone, I think it was you Stina, said to call the FBI and I already did that a while back... and they haven't done a thing either. Totally makes me want to scream.

Maybe Im lost because of all the writing going on but when was your hearing on the order to show cause ?

So help me guys. Help now needed. I've got the order of the motion filed with the affidavit, Order is signed. Motion says,

WHEREFORE, MOVANT respectfully requests the following:

1. That an Order to Show Cause be issued directing Defendant/Respondent to appear before the court and Show Cause why he or she should not be found in contempt of court for violation of the Order as alleged.
2. That the Court enforce the Order.
3. That (explain anything else you would like the Court to do)deem the order's filed April 13, 2007 to be unenforceable in this Court or any other State. Court. Assist in the immediate return of the child to the mother. .
4. For such other and further relief as the Court deems just and proper.


Does that mean I can go now and get my kid? Or do I need to make sure he's been served first and the service has been filed with the court?

Quote:

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Originally Posted by choosinganangel

So help me guys. Help now needed. I've got the order of the motion filed with the affidavit, Order is signed. Motion says,

WHEREFORE, MOVANT respectfully requests the following:

1. That an Order to Show Cause be issued directing Defendant/Respondent to appear before the court and Show Cause why he or she should not be found in contempt of court for violation of the Order as alleged.
2. That the Court enforce the Order.
3. That (explain anything else you would like the Court to do)deem the order's filed April 13, 2007 to be unenforceable in this Court or any other State. Court. Assist in the immediate return of the child to the mother. .
4. For such other and further relief as the Court deems just and proper.


Does that mean I can go now and get my kid? Or do I need to make sure he's been served first and the service has been filed with the court?

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It means that there is going to be a hearing on the matter. And at that hearing decisions will be made. He will have to be served notice of the action.


If you didnt write this then who did regaurding 1-4 ?

The key here is 3. Does the order with a judge's signature say that the child should be immediately returned? I would check with the judge's office first thing in the AM to check what that means.

Before you go pick up the child clarify it with the court. It looks to me like the judge is just reiterating to you and to the father what the hearing is going to be about. It doesn't look like the judge signed anything saying go get the child... just that he knows what you are requesting and it will be addressed at the hearing. Like I said double check with the court tomorrow. Is that what you got in the mail today? If there is to be a hearing you will need to know when so you can show up.

I agree with cdad and stina. But the possibility exists that the judge did order the immediate return of the child pending the hearing. But you have to be absolutely sure of that.

The Order is Based on the Motion, and the motion says to Enforce the Order, appear and show why he shouldn't be in contempt, make all his fake orders unenforceable, and there is a page at the end, that is an Order to Dismiss, or Vacate the Order, but that's only if I decide he's taken the steps to comply with the order(decree) that the judge says he needs to show and appear... and Mind you... you have to attach the order you want enforced, and if the judge signs the order... then it's to be enforced. And he has to appear, and if the judge didn't see the Decree as Enforceable, he never would have signed the order on the motion. So the whole deal is to make him come into compliance, or dare come to court with his fake documents and tell the judge that they are real, when they aren't. The judge had to look over the file of the case, to ensure the order seeking to be enforced is the true order before signing a contempt order, ensuring that the order attached to the motion is the one that is to be enforced. If he thought I was just crazy, he would have not signed the Contempt order to show cause... he would have dismissed it. Let me paste the portion of the dismissal page that shows this.

And the Court, having reviewed the file and being otherwise fully advised; FINDS that the action for an Order to Show Cause should be dismissed.
THEREFORE, IT IS ORDERED that the Order to Show Cause action be dismissed without prejudice and that the hearing, if any, be vacated. (That's if we both sign that he's in compliance... ) if he doesn't comply to the order to show cause, he still has to appear. :D