Navigating the Process of Establishing Paternity Rights

The matter of establishing who a child’s other parent is can play an important role in the child’s life and future, but it can also be beneficial to both the mother and the child’s other parent. The process of establishing paternity – called parentage in Washington – is often legally challenging, but a trusted Washington family law attorney who has considerable experience successfully handling complex paternity cases can help.

Paternity Law in Washington State

In the State of Washington, when a child is born to married parents, they are presumed to be the child’s legal parents, and this is true whether the couple is heterosexual or same-sex. When the mother, however, is not married at the time of a child’s birth, the child has no legal father – or additional legal parent – until parentage is established. In order for child custody, a parenting plan, or child support to be ordered by the court, the paternity of the child in question must be determined in the eyes of the law, and there are three primary avenues for resolving this legal matter.

Acknowledged Paternity

When both parents are in agreement regarding a child’s parentage, the matter of parentage can be established at the time of the child’s birth – or soon thereafter – by having the parents sign an Acknowledgement of Parentage (AOP) form. This generally happens at one of the following places:  

• At the birthing hospital
• At the birthing clinic
• At home, under the care of a midwife

  The AOP form is then submitted to the Department of Health (DOH). The medical or birthing professionals who attend the birth typically take care of having the form notarized, and when the matter is taken care of within five days of a child’s birth, there is no fee required.

Presumed Paternity

Presumed paternity refers to circumstances in which the State of Washington presumes – or automatically establishes – who a baby’s second parent is. Consider the following circumstances that establish a father’s presumed paternity:  

• The man was married to the mother at the time the child was either conceived or born.
• The man had attempted to marry the mother – regardless of the marriage’s validity – and the child was either conceived or born during this so-called marriage.
• The man married the mother after the child’s birth and agreed to have his own name included on the birth certificate or to support the child financially.
• The man welcomed the child as his own and acted in the role of the child’s father, which is called parentage by estoppel. As such, treating a child as one’s own can cement a father’s legal parentage – even if he is not the biological father.

  These same circumstances apply to same-sex couples and to couples who were bound by registered domestic partnerships after January 2005.

Involuntary or Adjudicated Paternity

When paternity is not a certainty, which means that the mother, the presumed father, or the alleged father either has doubts related to a child’s paternity or wants to legally establish their beliefs regarding the paternity of a child, a Petition to Establish Parentage can be filed in the county where the child resides. It is important to note that if the mother is seeking assistance for the child from the state, the state itself can file the petition in pursuit of child support, health insurance, and any other form of financial assistance to which the child is entitled.  Those circumstances in which paternity is most likely to be obtained involuntarily or via adjudication include the following:  

• The father is seeking child custody arrangements, such as visitation rights.
• The mother is married to someone other than the child’s biological father, and the biological father wants to establish legal paternity and parenting rights.
• The mother is seeking child support, or the state is seeking child support in response to the mother seeking government aid for the child.

  When the mother, the presumed father, or the alleged father is uncertain regarding paternity, the court can order genetic testing to make the matter official.

What It Means to Establish Paternity

Establishing the paternity of your child means settling the matter of who the child’s other legal parent is. This can be important for many legal reasons, but it can also prove important to your child’s growth, development, and overall well-being. It is well established that – barring a significant reason for determining otherwise – children’s best interests are best served when they are allowed to develop close relationships with both parents.

When You Need to Establish Paternity

In most situations, it is in you and your child’s best interests to establish paternity for all the following primary reasons:  

• The financial support that other parent’s child support offers can help ease your financial burden.
• Sharing the responsibility of raising your child can help lighten your load – allowing you to be the best mother you can be.
• Establishing paternity establishes a legal connection between your child and their other parent, which ensures that your child’s rights to inheritance and other important matters are preserved.
• Such matters can include benefits, such as your child being included on their other parent’s health insurance, being a beneficiary of their other parent’s financial tools – such as life insurance and retirement accounts, benefitting from their other parent’s veteran’s status or Social Security, and more.
• Establishing paternity helps to ensure that your child will have a complete health history, which can play an important role in their future health.

When You Should Not Establish Paternity

The State of Washington recognizes that there are instances in which establishing your child’s paternity is not in the best interest of you or your child. This generally applies to victims of domestic violence – when establishing paternity could leave you and your child vulnerable to contact with your abuser. Such situations are often volatile, and protecting yourself to the best of your ability is always well-advised. Washington does make allowances for parents in your situation, and you may be excused from any legal requirement to establish paternity. If you are receiving assistance from the state, you have the option of claiming good cause not to cooperate in response to their efforts to establish your child’s paternity.

What Happens Once Paternity is Established

Once paternity is established, it can afford you and your child considerable benefits that you may not have even considered.

Financial Assistance

To begin, your child’s other parent will likely be required to pay child support. Child support is intended to balance financial support for the child in question between both parents. Many factors go into the determination of child support, but the primary concerns are each parent’s earnings and the amount of time each parent spends with the child. If you are the primary custodial parent, your child’s other parent will likely pay child support to you in accordance with their income. Additional financial benefits can include health, vision, and dental insurance that may flow from the other parent’s employment and a range of other perks – depending on the other parent’s circumstances.

Emotional Benefits

Raising a child on your own is exceptionally difficult, and if your child’s other parent is awarded a visitation schedule, it can afford you a well-earned break. This is not to mention the fact that forging a close relationship with their other parent can prove invaluable to your child. If you and your child’s other parent find a way to successfully co-parent – helping one another in the process – it can lead to immeasurable benefits for you, your child’s other parent, and your child.

FAQs

If you are facing a paternity case, you undoubtedly have questions. Fortunately, the answers to the questions that other people in your situation ask most frequently can help.

What if I’m not sure who the father is?

If you are not sure who the father of your child is, one of the most important first steps you can take is to reach out to set up a consultation with a dedicated Washington family law attorney. Your skilled legal counsel will help you navigate the process of establishing paternity with greater clarity and ease – ensuring that you make the right decisions for you and your child along the way.

Does the biological father have rights if he is not on the birth certificate in WA?

If the father is not on the child’s birth certificate, is not married to the mother, or has not filed an Acknowledgement of Parentage form, he has no legal rights until he establishes paternity. Toward this end, the father has options that include filing a Petition to Establish Parentage.

Can a mother refuse a paternity test in Washington State?

If you were the victim of domestic violence at the hand of your child’s other parent, you may not be required to establish paternity. In challenging situations like yours, you have the right to declare that you have good cause not to cooperate with DNA testing. Having professional counsel on your side in circumstances this serious is always well advised.

How long does a father have to be absent to lose his rights in Washington?

There are circumstances in which parental rights can be terminated, and one of these is abandonment. Abandonment in the State of Washington is established when a parent fails to communicate with a child for an extended period. When a mother exercises due diligence in relation to locating a child’s other parent and the father has no contact with the child for at least three months, it creates what the state calls a rebuttable presumption of abandonment.

Is there a statute of limitations on paternity in Washington State?

While some states limit the amount of time a mother, father, or child has to establish paternity, this is not the case in Washington. Washington has no statute of limitations when it comes to establishing who a child’s other parent is.

Can a parent change their mind after signing an AOP?

Either parent who has signed either an Acknowledgement of Parentage or a Denial of Parentage can change their mind on the matter – but only within 60 days of filing the form or before the first court hearing, whichever comes first. This is called a rescission, and it requires the filing of a Rescission of Parentage form.

What happens after the 60-day rescission period?

If the 60-day rescission period has passed, there is a four-year period in which a parent can change their mind regarding an acknowledgment or denial of parentage. Doing so, however, requires proving that they signed the form in question as a result of one of the following:  

• Fraud
• Factual mistake
• Duress

 

What if either parent has doubts about the Acknowledgement of Parentage?

If you are not sure about who your child’s other parent is or if you have been asked to sign an AOP that you are not sure applies to you, the best course of action is to hold off until you’re sure. Consulting with a seasoned family law attorney will help you better understand your options and will help you make the right decisions for you. The matter of paternity is critical, which means you should be sure before you sign.

Reach Out to an Experienced Washington Family Law Attorney for the Help You Need Today

The matter of your child’s paternity can play an important role in both your futures, which makes giving the matter the attention it deserves paramount. Parentage, however, is a complex legal matter that can lead to serious consequences, which makes having legal counsel in your corner from the start an excellent plan. The accomplished family law attorneys at Dobbs & Young in Yakima have an impressive array of experience successfully guiding challenging cases like yours toward advantageous outcomes, and we’re committed to doing the same for you. For more information about what we can do to help you and your child, please don’t put off reaching out and contacting or calling us at 509-577-9177 today.