Paternity

Question 1

Define Acknowledged Father

Answer 1

A man who has established a Father-Child relationship by signing a written acknowledgement of parentage filed with the Dept.of Health

Question 2

Define Adjudicated Father

Answer 2

A man who has been adjudicated by a court to be the father of a child.

Question 3

Define Alleged Father

Answer 3

A man alleges himself to be, or is alleged to be the genetic father of a child, but whose paternity has not been determined.

Question 4

Define Child

Answer 4

An individual of any age

Question 5

In a parentage action: How is a parent child relationship created between a child and a man

Answer 5

There are four methods the court uses to determine parentage in a parentage action.

1. Unmarried parents of a child may sign an acknowledgement of parentage and file it with the Dept. of Health.
2. Legal Action can be filed requesting that the court establish that a man is the father of a child.
3. A child who is born to a married woman is presumed to be the child of her husband unless this presumption is rebutted pursuant to the law.
4. A child may be born as a result of an artificial insemination or surrogate parentage and presumed to be the child of the parties who signed a written agreement tot the procedure

Question 6

where must a paternity action be filed?

Answer 6

The paternity action must be filed in the:

a. County where the child resides

or

b. If the child does not reside in the state, in the County where the Respondent resides

Question 7

If the Alleged Father does not Deny Paternity can Temporary Orders be entered for Parenting and Support?

Answer 7

Yes

Question 8

If Alleged Father Denies Paternity what must be done in order to force the Alleged Father to act and for the court to determine parentage

Answer 8

An Order Compelling “Paternal Genetic Testing” can be obtained

Question 9

When Genetic Testing is warranted what must is the minimum percentage of probability be?

Answer 9

The probability of paternity must be at least 99%

Question 10

If the probability of paternity is at least 99% in Genetic testing what will the Alleged Father be deemed

Answer 10

The man is rebuttably identified as the father of the child

Question 11

Is a parenting Plan required in Paternity Actions? What at the bare minimum will the court set terms regarding as to parenting of the child?

Answer 11

No, a Parenting Plan is not required unless requested by a party of the action. Bit the court will at a minimum enter terms regarding custody and visitation

Question 12

What are the Guidelines for Presumption of Paternity

Answer 12

A man is presumed to be the father of a child if:

1. the father and mother are married to each other when the child is born

or

2. The child is born within 300 days of the termination of the marriage

or

3. The parents attempt to marry but their marriage was ruled invalid and the child is born during that invalid marriage

or

4. After the Childs birth the father and mother marry and the father voluntarily asserts his paternity by

a. filing with state registrar of vital records to have his name on the Childs birth certificate
OR
b. by a written promise to support the child as his own

Question 13

What is an Action to Disestablish Parentage?

Answer 13

An action to Disestablish Parentage means to undo or overcome paternity

Question 14

How long does a presumed Father have to disestablish parentage and what must the court find in order for the disestablishment to prevail?

Answer 14

An action to disestablish the parentage of a child may be commenced at any time but only If the court finds that:

1. The presumed father and the mother neither lived with each other or engaged in sexual intercourse with each other during the conception of the child.

AND

2. The presumed father never openly treated the child as his own

Question 15

RCW 26.26A.210

When and how can a presumed/alleged parent file a Denial of parentage and what does the court use to determine its validity

Answer 15

A presumed parent or alleged genetic parent may sign a denial of parentage in a record. The denial of parentage is valid only if:

(1) An acknowledgment of parentage by another individual is filed under RCW 26.26A.220;
(2) The signature of the presumed parent or alleged genetic parent is attested by a notarial officer or witnessed; and
(3) The presumed parent or alleged genetic parent has not previously:
(a) Completed a valid acknowledgment of parentage, unless the previous acknowledgment was rescinded under RCW 26.26A.235 or challenged successfully under RCW 26.26A.240; or
(b) Been adjudicated to be a parent of the child

Question 16

RCW 26.26A.215

What are the Acknowledgment or denial of parentage—Requirements.

Answer 16

(1) An acknowledgment of parentage and a denial of parentage may be contained in a single document or may be in counterparts and may be filed with the state registrar of vital statistics separately or simultaneously. If filing of the acknowledgment and denial both are required under this chapter, neither is effective until both are filed.
(2) An acknowledgment of parentage or denial of parentage may be signed before or after the birth of the child.
(3) Subject to subsection (1) of this section, an acknowledgment of parentage or denial of parentage takes effect on the birth of the child or filing of the document with the state registrar of vital statistics, whichever occurs later.
(4) An acknowledgment of parentage or denial of parentage signed by a minor is valid if the acknowledgment complies with this chapter.

Question 17

RCW 26.26A.220

What are the lasting Effects of acknowledgment or denial of parentage.

Answer 17

1) Except as otherwise provided in RCW 26.26A.235 and 26.26A.240, an acknowledgment of parentage that complies with RCW 26.26A.200 through 26.26A.265 and is filed with the state registrar of vital statistics is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent.
((2) Except as otherwise provided in RCW 26.26A.235 and 26.26A.240, a denial of parentage by a presumed parent or alleged genetic parent which complies with RCW 26.26A.200 through 26.26A.265 and is filed with the state registrar of vital statistics with an acknowledgment of parentage that complies with RCW 26.26A.200 through 26.26A.265 is equivalent to an adjudication of the nonparentage of the presumed parent or alleged genetic parent and discharges the presumed parent or alleged genetic parent from all rights and duties of a parent.

Question 18

RCW 26.26A.235

What is the Procedure for rescission of an acknowledgment or denial of parentage.

Answer 18

(1) A signatory may rescind an acknowledgment of parentage or denial of parentage by filing with the state registrar of vital statistics a rescission in a signed record which is attested by a notarial officer or witnessed, before the earlier of:
(a) Sixty days after the effective date under RCW 26.26A.215 of the acknowledgment or denial; or
(b) The date of the first hearing before a court in a proceeding, to which the signatory is a party, to adjudicate an issue relating to the child, including a proceeding that establishes support.
(2) If an acknowledgment of parentage is rescinded under subsection (1) of this section, an associated denial of parentage is invalid, and the state registrar of vital statistics shall notify the woman who gave birth to the child and the individual who signed a denial of parentage of the child that the acknowledgment has been rescinded. Failure to give the notice required by this subsection does not affect the validity of the rescission.

Question 19

RCW 26.26A.240

What are the requirements to Challenge Parentage after expiration of period for rescission.

Answer 19

(1) After the period for rescission under RCW 26.26A.235 expires, but not later than four years after the effective date under RCW 26.26A.215 of an acknowledgment of parentage or denial of parentage, a signatory of the acknowledgment or denial may commence a proceeding to challenge the acknowledgment or denial, including a challenge brought under RCW 26.26A.465, only on the basis of fraud, duress, or material mistake of fact.
(2) A challenge to an acknowledgment of parentage or denial of parentage by an individual who was not a signatory to the acknowledgment or denial is governed by RCW 26.26A.445.

Question 20

RCW 26.26A.245

What is the Procedure for challenging of an acknowledgment or denial of parentage by signatory.

Answer 20

(1) Every signatory to an acknowledgment of parentage and any related denial of parentage must be made a party to a proceeding to challenge the acknowledgment or denial.
(2) By signing an acknowledgment of parentage or denial of parentage, a signatory submits to personal jurisdiction in this state in a proceeding to challenge the acknowledgment or denial, effective on the filing of the acknowledgment or denial with the state registrar of vital statistics.
(3) The court may not suspend the legal responsibilities arising from an acknowledgment of parentage, including the duty to pay child support, during the pendency of a proceeding to challenge the acknowledgment or a related denial of parentage, unless the party challenging the acknowledgment or denial shows good cause.
(4) A party challenging an acknowledgment of parentage or denial of parentage has the burden of proof.
(5) If the court determines that a party has satisfied the burden of proof under subsection (4) of this section, the court shall order the state registrar of vital statistics to amend the birth record of the child to reflect the legal parentage of the child.
(6) A proceeding to challenge an acknowledgment of parentage or denial of parentage must be conducted under RCW 26.26A.400 through 26.26A.515.

Question 21

RCW 26.26A.100

Establishment of parent-child relationship.

Answer 21

A parent-child relationship is established between an individual and a child if:

(1) The individual gives birth to the child, except as otherwise provided in RCW 26.26A.700 through 26.26A.785;
(2) There is a presumption under RCW 26.26A.115 of the individual’s parentage of the child, unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made under RCW 26.26A.200 through 26.26A.265;
(3) The individual is adjudicated a parent of the child under RCW 26.26A.400 through 26.26A.515;
(4) The individual adopts the child;
(5) The individual acknowledges parentage of the child under RCW 26.26A.200 through 26.26A.265, unless the acknowledgment is rescinded under RCW 26.26A.235 or successfully challenged under RCW 26.26A.200 through 26.26A.265 or 26.26A.400 through 26.26A.515;
(6) The individual’s parentage of the child is established under RCW 26.26A.600 through 26.26A.635; or
(7) The individual’s parentage of the child is established under RCW 26.26A.705 through 26.26A.730.