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Washington Petition to Disprove Parentage of Presumed Parent

State:
Washington
Control #:
WA-SKU-2433
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PDF
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Description

Petition to Disprove Parentage of Presumed Parent

A Washington Petition to Disprove Parentage of Presumed Parent is a legal document used to challenge the parent-child relationship between a person and a child. This petition is typically filed when a person claims to be a child's parent but is not legally recognized as such or if the presumed parent is not the biological parent. Depending on the circumstances, there are two types of Washington Petitions to Disprove Parentage of Presumed Parent: a Petition to Terminate the Presumed Parent's Rights and a Petition to Establish Paternity. The Petition to Terminate the Presumed Parent's Rights is used when the parent-child relationship needs to be legally terminated. This petition can be filed by either the presumed parent or the child's biological parent. The Petition to Establish Paternity is used to establish the legal parent-child relationship between a father and child. This petition is typically filed by the child's mother. Both types of petitions require evidence to prove that the presumed parent is not in fact the child's parent.

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FAQ

You need a court order if: There are questions about who is a parent of the child. The parties do not agree on who is a parent of the child. The parties want to add or remove parent(s) on the child's birth certificate.

What is an Acknowledgment of Parentage (AOP) form? An AOP is a legal form that establishes a parent ? child relationship or ?parentage.? By filing this form, you add a second parent to a child's birth certificate.

Parentage in Washington State can be established by presumption, acknowledgement (voluntary), or through a parentage action in court (involuntary). Presumption: If parents are married or in a domestic partnership when the child is born, parentage is presumed and automatically established.

If you believe you are the child's parent, but you did not sign the acknowledgment of parentage, you can file a Petition to Decide Parentage. You must file no more than four years after the filing with the Department of Health of the acknowledgment.

What is a Denial of Parentage (DOP) form? A DOP is a legal form that allows the person denying parentage to be discharged from all rights and duties as a parent. By filing this form, the person denying parentage will not be listed on the birth certificate.

In Washington State, de facto parentage is a legal concept that recognizes the relationship between a child and a person who has acted as a parent, even if they are not the biological or adoptive parent of the child.

DNA Paternity Test Overview A DNA paternity test compares a DNA sample from an alleged father and a DNA sample from a child (minor or adult) to determine whether the two individuals are likely to share or not share a father/child biological relationship.

You can challenge a spouse or domestic partner's legal relationship with the child by filing a Petition to Decide Parentage. You can also have the spouse or domestic partner, mother, and child's biological father sign a denial of parentage (RCW 26.26A. 115(2) and RCW 26.26A. 210).

More info

Basis for findings and conclusions (check all that apply):. This article aims to provide a comprehensive overview of the legal procedures for disproving paternity and overcoming presumed paternity.Any alleged parent seeking custody must complete and submit the JV-505 Statement Regarding Parentage form. A court cannot order an alleged father to pay child support until paternity has been established. A paternity judgement does not establish presumed parent status but it may rebut a presumption of paternity in favor of another man. If parents are married when a child is born, whether same gender or not, the law presumes that they are the child's legal parents. The alleged father must respond within 30 days of being served with the petition, or he will be automatically declared the father. Signing the acknowledgment means that either parent may seek parental rights and responsibilities or ask for parent–child contact. The alleged father must respond within 30 days of being served with the petition, or he will be automatically declared the father. A complete birth certificate with the names of each parent.

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Washington Petition to Disprove Parentage of Presumed Parent