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Washington Petition to Challenge Paternity Acknowledgment and/or Denial of Paternity

State:
Washington
Control #:
WA-SKU-2425
Format:
PDF
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Petition to Challenge Paternity Acknowledgment and/or Denial of Paternity

Washington Petition to Challenge Paternity Acknowledgment and/or Denial of Paternity is a legal document that can be used by a person to challenge a paternity acknowledgment or denial of paternity that was previously signed or filed by another person. It is a way for a person to contest the decision and/or action taken in the past and to ask the court to determine and establish the paternity of a child in question. There are two types of Washington Petition to Challenge Paternity Acknowledgment and/or Denial of Paternity: 1. The Petition to Challenge an Acknowledgment or Denial of Paternity: This petition is used when a person wishes to challenge an acknowledgment of paternity or denial of paternity that was previously signed or filed by another person. 2. The Petition to Establish Paternity: This petition is used when a person wishes to establish the paternity of a child whose paternity is unacknowledged or denied. The petitioner must provide evidence supporting the alleged paternity.

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FAQ

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.

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.

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).

If paternity is in dispute, the matter may need to be settled by a court. The mother or the father may file a lawsuit (sometimes referred to as a petition) seeking a court order to establish the child's paternity. This will often involve DNA testing, but other evidence will be considered.

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.

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 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.

More info

Form NumberTitlePDFDOC5‑1Paternity Petition (Parent)5‑1Paternity Petition (Parent)DIY Form (Do‑It‑Yourself)DIY Form (Do‑It‑Yourself)5‑1‑aSummons Petition under a sealed cover sheet (form FL Parentage 329).I ask the court to set aside the Acknowledgment of Paternity, and if applicable, the related Denial of Paternity. Minors are authorized to complete the Acknowledgment of Paternity without parental consent. Voluntary Acknowledgement of Paternity (VAP) is a simple process that allows unmarried parents to sign a document and establish a legal relationship between. The appeals court affirmed the trial court's order denying the petition. The trial court had treated the petition as a claim to rescind the acknowledgement, not a claim to adjudicate the child's parentage. The person must complete a Revocation of Acknowledgment of Paternity Affidavit and file it with Vital Records within the 60-day period. After a court establishes paternity, either parent can file petitions for custody, visitation, or child support. He signs a Denial of Parentage (DOP) and the true father.

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Washington Petition to Challenge Paternity Acknowledgment and/or Denial of Paternity