[Naphtha]

I am a student and am working on a case study regarding the "Wayne Patchett" situation:
This involves an adult woman who finds out this dead beat alcoholic is her biological father after she confronts his parents "Gary Patchett" and "Betty Patchett", the grandparents. They do everything to validate the paternity and it comes out positive. What are the statutes in which the now adult child can pursue compensation for the abandonment by Wayne Patchett?
His parents are retired and Waynes misereable alcoholism has left him impoverished and living in a basement apartment, thus he is a 52 year old man who's only prospect is to inherent his parents assets.

Any help would be greatly appreciated it's a doozy of a case but I'm thinking there is a means to begin the process of fighting for justice.

[mandybaldwin]

I think if the father has probibly sufferd a lot I'm not trying to be on his side cause I don't agree with the disowning of his daughter but alcholism is a disease my opinion instead of going after him for compensation for it make sure the assets of his parents don't go near him. But no contact of any kind from the father unless the daughter is willing. I just don't think dragging out a long court app would benefit her if he is broke. If for some reason he comes into money maybey have something written that she is to get a portion of that.

[joypulv]

Where (what country, what province, what state)?
I'm not seeing a doozy of a case; were you assigned this or did you choose it?
Were was the mother for 18 years? Did she ever go to court? Did she provide for her daughter, or was the child taken from her, or did she give her up?
Many, many questions.

[Naphtha]

Canada: Oakville Ontario
The mother was not involved but her parents took custody.
I was assigned this. The book says that there was an initial paternity fight as teenagers but the mother left the proceedings and naturally the judge did not obligate the defendants to do anything.
But I suppose I'm trying to figure out a good repository of Family Law examples for Ontario as I do not know where to establish a precedent.
See there is no way to have simply proven paternity at that time as it occurred in the early 80s and my understanding is that paternity testing didn't become available until the mid to late 80s.

[ScottGem]

i think if the father has probibly sufferd alot im not trying to be on his side cause i dont agree with the disowning of his daughter but alcholism is a desease my oppinion instead of going after him for compensation for it make sure the assets of his parents dont go near him. but no contact of any kind from the father unless the daughter is willing. i just dont think dragging out a long court app would benifit her if he is broke. if for some reason he comes into money maybey have something writen that she is to get a portion of that.

You have to be kidding! The OP is a law student studying a specific case. Your general response to him does not cite any statute or case law so how can you think it would be helpful.

To the OP:
Please review the guidelines on asking for help with homework that can be found here:

https://www.askmehelpdesk.com/arts-l...board-b-u.html

You need to do the research yourself. We can advise whether your conclusions are accurate or not, but we won't do the work for you.

See there is no way to have simply proven paternity at that time as it occured in the early 80s and my understanding is that paternity testing didn't become available until the mid to late 80s.

Your understanding is incorrect. While DNA testing may have only become available around that time, there were other methods of paternity testing, that, while not as conclusive as DNA testing, were legally acceptable. In fact paternity testing is still not synonymous with DNA testing.

[GV70]

The book says that there was an initial paternity fight as teenagers but the mother left the proceedings and naturally the judge did not obligate the defendants to do anything .

Thus the mother waived her rights.Easy!

I'm thinking there is a means to begin the process of fighting for justice.

My opinion is opposite to your.

[joypulv]

Have you seen this site?
http://www.ncsea.org/content.asp?contentid=511

[Naphtha]

Thank you for your link; its really helpful. I would have thought it was that easy that the mother waived her paternity. However the Mother has never had the intellectual capacity to sign any release; I did not have that information available to me initially sorry; as well as waiving the paternity rights does involve signing a release thus making it a moot point; leaving a hearing may alleviate a defendant or plaintiff in civil matters but family law can be very complex. Thanks for your input GV70 and Joypuly.
I think I am on the right path; there is a legitimate claim in respect to fiduciary statutes that I have come across. In fact it could unravel a criminal dimension if the intellectual disability holds relevance in the 80s. I am not so worried about approaching my professor with a case anymore. Thank you :]
9058444317

[GV70]

I think I am on the right path; there is a legitimate claim in respect to fiduciary statutes that I have come across. In fact it could unravel a criminal dimension if the intellectual disability holds relevance in the 80s.

LOL! If you are my student I will not allow you to pass your exams
Whence does the intellectual disability come ?

[AK lawyer]

LOL! If you are my student I will not allow you to pass your exams
Whence does the intellectual disability come ?

Don't be so hard on OP. It's just a thought, and the way law school exams worked when I went to law school, you got credit for how many issues you pointed out, and were not required to research them to their ultimate conclusion.

I believe what OP is saying might have to do with possible criminality for having sex with an intellectually impaired person. Although that probably wouldn't (IMO) translate into civil liabilty on behalf of the child.

The principle that no one seems to have pointed out yet in this thread is that child support is due the custodian of the child, and not the child directly. So, besides statute of limitations problems, this adult child of a "deadbeat dad" would have that problem to contend with: the father doesn't owe child support to the child.