The Washington Petition to Disestablish Parentage — Criminal or Civil Finding of Sexual Assault (Filing time limit extended to July 23, 2019) is a legal document that can be used by survivors of sexual assault in the state of Washington to terminate the parental rights of their abuser. This petition allows survivors to terminate the parental rights of their abuser without going through the criminal or civil court system. The petition is available to all survivors, regardless of the age of the survivor or the age of the abuser at the time of the assault. The filing deadline for this petition was extended to July 23, 2019, allowing survivors more time to file. There are two types of Washington Petition to Disestablish Parentage: a criminal petition and a civil petition. The criminal petition is available to survivors who have provided evidence of their abuser’s criminal conviction for a sexual assault. The civil petition is available to survivors who are unable to provide evidence of a criminal conviction, but who can provide evidence of the abuser’s civil liability for the sexual assault. Both types of petitions must be filed with the Superior Court in the county where the abuser resides.
Washington Petition to Disestablish Parentage - Criminal or Civil Finding of Sexual Assault (Filing time limit extended to July 23, 2019)
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FAQ
Is signing the acknowledgment as good as getting a court order? Signing and filing it with the Washington State Department of Health on or after July 1, 1997 gives it the same legal effect as a court order establishing parentage (RCW 26.26A. 220).
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.
In Washington, if the parents of a child are not married to each other or not in a registered domestic partnership when the child is born, the child has no legal father until paternity is established. Once paternity is established, the father's name will be placed on the child's birth certificate.
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.
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.
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).
You can rescind AOP and DOP forms. The form must be completed and filed on or before 60 days after the AOP or DOP form is filed or before the first court hearing to determine parentage relating to the child, whichever happens first. If parentage is established by a court, a ROP form cannot be accepted.