How Does a Boyfriend Deny Paternity of an Unborn Child in Washington?
Full Question:
Answer:
If an acknowledgement of paternity has been signed, there is a 60-day period to rescind, but it may be challenged later for fraud, duress, or mistake. Otherwise a paternity action may be brought to determine paternity. Please see the following WA paternity statute:
RCW 26.26.330
Proceeding for rescission of acknowledgment or denial of paternity.
A signatory may rescind an acknowledgment or denial of paternity by commencing a court proceeding to rescind before the earlier of:
(1) Sixty days after the effective date of the acknowledgment or denial, as provided in RCW 26.26.315; or
(2) The date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future.A man is presumed to be the father if he has been married to the mother for a certain time before the child is born. That presumption may be rebutted by clear and convincing standards of evidence, such as a DNA test. A man not a presumed father may bring an action for the purpose of declaring that he is the natural father of a child having a presumed father. If a biological father is determined to be a man not married to the mother, that man may be ordered to have visitation rights, as well as other obligations.
To establish paternity through the court, one of the parents must file documents necessary to start a court case. This can be done during the mother’s pregnancy or any time before the child reaches the age of eighteen. Either the mother or the putative father must file a written "petition" with the Clerk of the Superior Court, stating the names and social security numbers of each person involved and indicating who the father is claimed to be. The person who files the petition must have it served on the other party, who then has an opportunity to respond. Usually, the court then orders that genetic testing be done. If the results of the test indicate a likelihood of paternity of 95% or more, the man is presumed to be the father. Most often the case is then resolved, but it is possible that a court trial may be necessary if the presumed father continues to dispute paternity. Persons considering filing a court action may wish to consult an attorney to assist them.
When a court case is concluded (and the person claimed to be the father is proven by genetic testing or otherwise to be the biological father), the court will issue an order establishing legal paternity. In some circumstances, the court also may order an amount to be paid for future child support, for any past child support that is due, an amount to be paid for the costs of the child’s birth and medical insurance coverage for the child. A parenting time (formerly called visitation) schedule may also be established by the court order.
Courts are divided on the issue of paternity fraud. It will be a matter of subjective determination for the court based on all the facts involved. A paternity action for the purpose of declaring the nonexistence of the presumed father and child relationship may be brought within a reasonable time after obtaining knowledge of relevant facts.
For further discussion, please see:
http://mensnewsdaily.com/2007/05/04/how-to-win-a-paternity-fraud-case-a-recent-pa-court-victory-reveals-how/
http://www.angelfire.com/fl5/paternityfraud/
http://www.washingtontimes.com/news/2005/jan/15/20050115-115942-7925r/
http://fathersforlife.org/fatherhood/paternity.htm
Please see the following WA statutes:
RCW 26.26.330
Proceeding for rescission of acknowledgment or denial of paternity.
A signatory may rescind an acknowledgment or denial of paternity by commencing a court proceeding to rescind before the earlier of:
(1) Sixty days after the effective date of the acknowledgment or denial, as provided in RCW 26.26.315; or
(2) The date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
RCW 26.26.335
Challenge after expiration of time for rescission of acknowledgment or denial of paternity.
(1) After the period for rescission under RCW 26.26.330 has elapsed, a signatory of an acknowledgment or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:
(a) On the basis of fraud, duress, or material mistake of fact; and
(b) Within two years after the acknowledgment or denial is filed with the state registrar of vital statistics.
(2) A party challenging an acknowledgment or denial of paternity has the burden of proof.
RCW 26.26.340
Procedure for rescission or challenge of acknowledgment or denial of paternity.
(1) Every signatory to an acknowledgment or denial of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment or denial.
(2) For the purpose of rescission of, or challenge to, an acknowledgment or denial of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing of the document with the state registrar of vital statistics.
(3) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from an acknowledgment, including the duty to pay child support.
(4) A proceeding to rescind or to challenge an acknowledgment or denial of paternity must be conducted in the same manner as a proceeding to adjudicate parentage under RCW 26.26.500 through 26.26.630.
(5) At the conclusion of a proceeding to rescind or challenge an acknowledgment or denial of paternity, the court shall order the state registrar of vital statistics to amend the birth record of the child, if appropriate.