Paternity
What is Paternity?
Paternity refers to the legal recognition of a man as the biological father of a child. In Washington State, paternity can be established through a variety of methods, including genetic testing, a voluntary acknowledgment of paternity, or a court order.
Washington State law treats all parents, regardless of their sexual orientation or gender identity, equally in matters of paternity and parental rights. If there are two legal parents of a child, they would both have the same rights and responsibilities under the law, including the obligation to provide financial support for the child.
In cases where there is a dispute over paternity or custody, the court will make its decision based on the best interests of the child, taking into account factors such as the child’s relationship with each parent, each parent’s ability to provide for the child’s physical and emotional needs, and any history of abuse or neglect.
Commonly Asked Questions
Paternity can be established through genetic testing or achknowledgment of paternity by the father.
In cases where the father denies paternity, genetic testing can be ordered by the court to determine whether or not he is the biological father.
Once paternity is established, the father may be obligated to pay child support and may have visitation or custody rights. It is a “may” because the court would need to ensure that there are no factors that would impede or limit visitation before granting it.
No, child support cannot be ordered until paternity has been established.
Yes, genetic testing can be performed using the father’s DNA, or other evidence of paternity can be presented to the court.
Establishing paternity grants the child certain legal rights, such as access to the father’s medical history, inheritance rights, and social security benefits.
Yes, in some cases a man can be considered the “legal” father of a child even if he is not the biological father. For example, if he has acted as the child’s father and the biological father has not. If this is your situation this is a complicated and intricate matter that requires the immediate assitance of our expert attorneys.
In some cases, a mother can be required to name the father of her child. Again, these sort of intricate family law issues require the immediate assistance of our family law attorneys.
Yes, a person can contest a paternity determination through the court system if they believe there has been an error or if new evidence comes to light.
In Washington State, the timeline to disestablish paternity depends on the circumstances of the case. Generally, a person seeking to disestablish paternity must file a petition with the court within four years of the child’s birth, or within two years of the time they knew or should have known that they were not the biological father of the child.
However, there are some exceptions to this timeline. For example, if the person seeking to disestablish paternity was under duress or coercion at the time they signed a voluntary acknowledgment of paternity, they may be able to file a petition to disestablish paternity. Additionally, if genetic testing becomes available that proves that the person is not the biological father of the child, they may be able to file a petition to disestablish paternity.
It’s important to note that disestablishing paternity can be a complex and difficult process, and we recommen contacting our office immediately.
Warning: Washington State has a statute of limitations for establishing paternity. A man not married to the mother of his child has two years from the child’s birth to establish paternity. If he fails to do so within this timeframe, he may lose his legal right to seek custody or visitation with the child. However, the only exception is if the mother or legal father concealed the fact of the child’s birth from the alleged father. This is a very complex matter and requires our assistance immediately.