Paternity Attorney In Tacoma WA
Paternity is the legal recognition of the parent-child relationship between a father and child. When parents are married, paternity is automatically presumed. When parents are unmarried, paternity must be formally established before a father has legal rights or responsibilities toward his child.
Establishing paternity matters for many reasons. It gives fathers the right to seek custody and parenting time with their children. It allows children to receive financial support from both parents. It provides children access to health insurance, Social Security benefits, inheritance rights, and family medical history from both sides of their family.
At Schroader Law, we help unmarried parents in Tacoma and Pierce County establish paternity so fathers can exercise their parental rights and children can receive the support they deserve. We also handle cases where paternity needs to be challenged or disestablished when genetic testing or new evidence shows that the presumed father is not the biological parent.
What Is Paternity?
Paternity is the legal determination of fatherhood. It creates the legal parent-child relationship that carries both rights and responsibilities.
Why Paternity Matters
For fathers, establishing paternity provides the right to seek a parenting plan with residential time and decision-making authority. Without established paternity, an unmarried father has no legal right to see his child or participate in decisions about the child’s upbringing, even if he is the biological father.
For children, paternity provides the right to financial support from both parents, eligibility for health insurance through either parent’s employer, Social Security survivor benefits if a parent dies or becomes disabled, inheritance rights from both parents and their families, and access to important family medical history.
For mothers, establishing paternity means the father can be legally required to provide child support and share in the costs of raising the child. It also means the father may seek parenting time and involvement in decisions about the child.
Paternity For Married vs Unmarried Parents
When a child is born to married parents, Washington law automatically presumes the mother’s husband is the legal father. This presumption applies even if the parents separate or file for divorce shortly after birth, as long as they were married when the child was conceived or born.
When a child is born to unmarried parents, there is no automatic legal father. Paternity must be formally established through one of several methods before the father has any legal rights or responsibilities.
How Paternity Is Established In Washington
There are several ways to establish paternity in Washington State. Some are voluntary and some require court proceedings.
Acknowledgment of Paternity
The simplest way to establish paternity is through a voluntary Acknowledgment of Paternity form. This is typically offered at the hospital when a child is born to unmarried parents. Both the mother and father sign the form, which is then filed with the state.
Once filed, the Acknowledgment of Paternity has the same legal effect as a court order establishing paternity. It gives the father legal rights and responsibilities, including the right to seek parenting time and the obligation to pay child support.
An Acknowledgement of Paternity can be challenged within 60 days by either parent or within one year if it was signed under fraud, duress, or material mistake of fact. After those deadlines pass, it becomes much more difficult to challenge.
Administrative Establishment Through Division of Child Support
When a mother applies for public assistance or child support services, the state Division of Child Support may initiate proceedings to establish paternity if the child was born to unmarried parents. DCS can order genetic testing and administratively establish paternity without requiring a full court case.
Once DCS establishes paternity, it has the same legal effect as a court order. The father can then seek a parenting plan through the court if desired.
Court Action To Establish Paternity
Either parent can file a court action to establish paternity. This is often necessary when one parent disputes paternity, when the parents cannot agree on parenting arrangements, or when paternity needs to be established years after the child’s birth.
The court can order genetic testing to determine biological parentage. Modern DNA tests are extremely accurate, typically showing greater than 99% probability of paternity when the tested man is the biological father or conclusively excluding men who are not the biological father.
If testing confirms paternity or if the alleged father does not contest it, the court enters an order establishing paternity. The case typically then proceeds to establish a parenting plan and child support order, similar to what happens in a divorce case involving children.
Presumptions of Paternity
Washington law creates certain presumptions about paternity in specific situations. A man is presumed to be the father if he and the mother were married when the child was conceived or born, he attempted to marry the mother and the child was born during the attempted marriage or within 300 days after the marriage ended, he married the mother after the birth and agreed to be named as the father on the birth certificate, or he welcomed the child into his home and openly held the child out as his own.
These presumptions can be challenged with genetic testing, but they provide a starting point for determining legal parentage.
The Process For Unmarried Fathers Seeking Rights
Many unmarried fathers want to establish their legal rights to spend time with their children and participate in important decisions. Establishing paternity is the first step in that process.
Before Paternity Is Established
Before paternity is legally established, an unmarried father has no legal rights to his child under Washington law, even if he is listed on the birth certificate. He cannot file for a parenting plan, cannot seek residential time or decision-making authority, has no right to be notified about the child’s medical care or education, and cannot object if the mother wants to move away with the child or place the child for adoption.
This lack of legal status can be devastating for fathers who want to be involved in their children’s lives. It leaves them completely dependent on the mother’s willingness to allow contact.
After Paternity Is Established
Once paternity is established through acknowledgment or court order, the father has the same rights as a divorced father to seek a parenting plan that includes residential time with the child, decision-making authority about education, health care, and other major decisions, access to school and medical records, and the right to object to relocation if the mother wants to move away with the child.
Along with these rights come responsibilities including the obligation to pay child support based on both parents’ incomes and the residential schedule, and the duty to support the child financially through age 18 or high school graduation, whichever comes later.
Filing For A Parenting Plan
After paternity is established, either parent can file for a parenting plan. The court will apply the same best interests standard used in divorce cases, looking at factors such as the parent-child relationship with each parent, each parent’s ability to care for the child, the child’s relationship with siblings and extended family, any history of domestic violence or substance abuse, and what arrangement will best serve the child’s emotional, physical, and developmental needs.
The fact that parents were never married does not affect the court’s analysis. Unmarried fathers have the same rights to seek parenting time and custody as divorced fathers, as long as paternity has been properly established.
Disestablishing Paternity
In some cases, a man who was presumed or adjudicated to be the father later discovers through genetic testing that he is not the biological father. Washington law allows paternity to be disestablished in limited circumstances.
When Disestablishment Is Possible
Paternity can potentially be disestablished when new genetic testing conclusively excludes the presumed father, the presumed father did not know he was not the biological father at the time paternity was established, the child has not developed a parent-child relationship with the presumed father that would be harmed by disestablishment, and the action is filed within a reasonable time after learning of the non-paternity.
Courts balance multiple interests in disestablishment cases. They consider the rights of the man who has been paying child support for a child who is not biologically his, the rights of the child to continue financial support and a stable parent-child relationship, and the rights of the biological father who may want to establish his own paternity.
The Parent-Child Relationship Factor
Washington courts place significant weight on whether the child has developed a parent-child relationship with the presumed father, regardless of biology. If a man has acted as the child’s father for years, attending school events, providing emotional support, and functioning as a parent, the court may refuse to disestablish paternity even if genetic testing shows he is not the biological father.
The law recognizes that parenthood is more than genetics. A man who has filled the father role in a child’s life has established a relationship that matters for the child’s emotional wellbeing. Suddenly removing that relationship can harm the child even if it might be fair to the man financially.
Time Limits and Deadlines
As mentioned earlier, an Acknowledgment of Paternity can be rescinded within 60 days or challenged within one year based on fraud, duress, or material mistake of fact. After those deadlines, challenging paternity becomes much more difficult.
For court-established paternity or presumptions based on marriage, there is no absolute time limit, but courts require that actions to disestablish paternity be filed within a reasonable time after discovering the non-paternity. Waiting many years after learning you are not the biological father makes disestablishment much less likely to succeed.
Effect of Disestablishment
If paternity is successfully disestablished, the man is no longer legally the father. This means he is no longer obligated to pay future child support, but he also loses any rights to parenting time or involvement in the child’s life. Past child support obligations typically remain enforceable even after disestablishment.
If the biological father is known, the court may establish his paternity and enter orders for him to provide support and potentially parenting time.
Paternity, Child Support, And Parenting Plans
Paternity cases often involve multiple legal issues that must be addressed together.
The Timing of Related Orders
Once paternity is established, the court typically addresses child support and parenting time in the same proceeding. The court will calculate child support using the Washington State economic table based on both parents’ incomes and the proposed residential schedule. The court will also establish a parenting plan if either parent requests one, setting out residential time, decision-making authority, and other details.
In some cases, temporary orders may be entered while the paternity case is pending, especially if there are urgent needs for support or parenting time. However, permanent orders usually wait until after paternity is conclusively established.
Support Going Back to Birth
When paternity is established, child support can be ordered retroactively back to the child’s birth. This means a father may owe support for months or years before the paternity case was filed. The court considers both parents’ circumstances during that period when deciding whether to order retroactive support and in what amount.
Mothers who have shouldered the financial burden of raising a child alone may be entitled to reimbursement for past expenses once paternity is established. Fathers who were unaware of the child’s existence may have retroactive support limited or calculated differently.
Modifying Orders After Initial Establishment
Like other family law orders, paternity-related parenting plans and child support orders can be modified later if circumstances change substantially. A father who initially agreed to minimal parenting time might later seek more time as he becomes more involved in the child’s life and as the child grows older. Modifications to court orders follow the same standards as modifications in divorce cases.
Why Choose Schroader Law For Paternity Cases
Paternity cases involve both emotional and legal complexity. Whether you’re a father seeking to establish your rights, a mother seeking support from an unmarried father, or someone facing questions about whether you are the biological parent, you need clear guidance and effective representation.
At Schroader Law, we handle paternity cases in Tacoma and Pierce County with attention to both the legal procedures and the practical impact on families.
Here is how we approach paternity cases:
Clear Explanation of Rights and Options – We help clients understand what establishing or disestablishing paternity means practically and legally, including rights to parenting time, obligations for support, and the procedures involved in each type of case.
Efficient Use of Genetic Testing – When paternity is disputed, we coordinate genetic testing quickly and handle the legal procedures for admitting results into evidence. Modern DNA testing is highly accurate and can conclusively answer questions about biological parentage.
Integrated Approach to Related Issues – We address paternity, parenting plans, and child support together when possible, so clients don’t have to return to court repeatedly. This saves time and money while providing comprehensive resolution of all related issues.
Protection of Parent-Child Relationships – In disestablishment cases, we carefully evaluate whether challenging paternity serves the client’s interests and what impact it will have on the child. Not every case where biology is questioned should proceed to disestablishment, especially when strong parent-child bonds exist.
Our focus is on establishing legal relationships that serve children’s best interests while protecting parents’ rights and addressing their responsibilities fairly.
FAQs About Paternity In Washington
- Do I need to establish paternity if I’m not married to my child’s mother?
A. Yes, if you want legal rights to your child. Without established paternity, you have no legal right to parenting time, decision-making authority, or access to records, even if you are the biological father. Establishing paternity is the first step to obtaining a parenting plan.
- How accurate is DNA testing for paternity?
A. Modern DNA testing is extremely accurate. When the tested man is the biological father, tests typically show greater than 99.9% probability of paternity. When he is not the biological father, tests conclusively exclude him with 100% certainty.
- Can I be forced to take a paternity test?
A. Yes. If paternity is disputed in a court case, the judge can order genetic testing. Refusing to comply with a court order for testing can result in a default finding that you are the father, along with other legal consequences.
- What if I signed an Acknowledgment of Paternity but later found out I’m not the father?
A. You have 60 days from signing to rescind an Acknowledgment, or one year to challenge it based on fraud, duress, or material mistake of fact. After those deadlines, it becomes much harder to challenge paternity, though it may still be possible in limited circumstances with genetic testing and proof you did not know about the non-paternity.
- If I’m on the birth certificate, am I automatically the legal father?
A. Not necessarily. Being listed on the birth certificate is evidence of paternity but does not establish legal paternity for unmarried fathers. You still need either an Acknowledgment of Paternity or a court order to have legally established paternity with enforceable rights.
- Can the mother refuse to let me see my child if paternity is established?
A. Once paternity is established, you have the right to file for a parenting plan. The mother cannot unilaterally deny you parenting time without a court order. If she interferes with court-ordered parenting time, you can seek enforcement of court orders through contempt proceedings.
- Will I owe child support going back to when the child was born?
A. Possibly. Courts can order retroactive child support back to the child’s birth when paternity is established. The amount and duration of retroactive support depends on factors including when you knew about the child, what support you provided informally, and each parent’s circumstances during that time.
- What if I raised a child as my own but later found out I’m not the biological father?
A. This depends on many factors including how long you have been in the father role, the strength of your parent-child relationship, when you learned about the non-paternity, and whether the child would be harmed by disestablishing paternity. Courts balance your interests against the child’s need for stability and support.
- Can I establish paternity for a child born many years ago?
A. Yes. There is no statute of limitations for establishing paternity in Washington. Paternity can be established when the child is a baby, a teenager, or even an adult. However, the practical effects may differ depending on the child’s age, particularly regarding child support and parenting time.
- What happens if the biological father is unknown or won’t participate?
A. If the mother does not know who the biological father is, paternity cannot be established. If the alleged father refuses to participate in a paternity case, the court can issue default orders establishing paternity based on the mother’s testimony and other evidence. The court can also order genetic testing even if the alleged father does not voluntarily comply.
Establish Your Rights And Responsibilities
Paternity creates the legal foundation for the parent-child relationship. Whether you’re a father seeking to establish your rights, a mother seeking support for your child, or someone facing questions about biological parentage, addressing paternity clearly and legally protects everyone involved, especially the child.
At Schroader Law, we handle paternity cases in Tacoma and Pierce County with attention to both legal requirements and family dynamics. Our goal is to establish clear legal relationships that serve children’s best interests while protecting parents’ rights and addressing their responsibilities fairly.
Contact us to schedule a consultation. We will discuss your situation, explain your options for establishing or challenging paternity, and outline the steps needed to protect your rights and your relationship with your child.
Your relationship with your child matters too much to leave it undefined or unprotected. Reach out to Schroader Law and let us help you establish paternity and secure your parental rights.