Vigil v. Tafoya

Patrick Jesse Vigil appeals from judgment of the district court adjudging him to be the father of Anthony Patrick Vigil, a minor child born November 24, 1968, and directing him to make support payments. The child was born and the original complaint filed during a period in which the Uniform Illegitimacy Act (Chapter 5, Title 14, W.S. 1957) was in effect. This proceeding was commenced on May 4, 1977, more than eight years after the birth of the child. On May 27, 1977, the Wyoming Uniform Parentage Act (Ch. 174, S.L. of Wyoming 1977; Ch. 7, Title 14, W.S. 1977; now Article 1, Title 14, W.S. 1977, (December 1978 Repl.)) became effective and by order of the district court entered September 26, 1977, the plaintiff was ordered to continue - Page 722 the proceeding in compliance with the latter act. A new complaint was filed and nothing further was done with respect to the complaint filed May 4, 1977. Vigil asserted in his answer that the court was "without jurisdiction because the Statute of limitations has expired."