Paternity
Most fathers don’t realize that if they were not married to the mother of their child, THEY DO NOT HAVE legal rights as a parent. Paternity for the unmarried father can only be proven through DNA testing or established through the existence of a Paternity Affidavit.
Only after paternity has been established may the father seek custody rights through a Parenting Plan or residential schedule, just as if the couple were married.
How Do You Establish Paternity in Washington?
At The Time of Birth
Acknowledgment of Parentage
Paternity Test
Finally, if there is any doubt, the situation may call for a paternity test. While a genetic test may sound daunting, it’s really as simple and painless as a cheek swab.
With the advent of DNA paternity testing, a court can now establish parentage in a relatively quick and easy procedure. The father can either submit to a paternity test, or a court order can compel the ostensible father to take the test.
Today’s DNA test results are accurate and nearly indisputable proof of parentage.
What Happens After Paternity Is Established?
Once you establish paternity, it’s time to move forward.
If it turns out that you are not the father and you don’t wish to play that role in the child’s life, then that’s the end of the story. The law doesn’t require any more of you, legally speaking.
You do need to fill out the appropriate paperwork, but after that, you’re done. If the mother petitioned for child support, then the court should dismiss the case.
Still, some people choose to help raise a child that isn’t biologically theirs. It’s a personal choice and entirely up to the people involved.
If it turns out you are the father, that means something entirely different. You have, barring extreme circumstances, the right to remain a part of your child’s life.
On the other side of that coin, you also have the obligation to help provide and care for your child. Depending on the nature and status of your relationship with the mother, this looks different from case to case.
- You may live together and raise the child as a couple.
- If not, you have the right to pursue custody or visitation.
- If you’re not the custodial parent, you’ll likely have to pay child support to help cover the regular expenses of raising a child.
How this plays out for you moving forward hinges on the situation and the parents. Depending on the specifics, it may be in your best interests to hire a child custody attorney. An experienced professional guides you through any legal hurdles you need to leap and makes sure you get what you need once you establish paternity.
Paternity Fraud
Paternity fraud is an unfortunate situation that men encounter.
People often assume a man will leave if he learns he's not a child's biological father. Yet, many men still choose to stay involved in the child's life.
If a man has acted as a father for a long time, even if he’s not a biological parent, he may still have parental rights.
This is especially true if his name is on the birth certificate or if he is considered a legal parent.
Feelings don’t automatically go away. If you’ve been a father to a child since day one, test results likely won’t change how you look at your relationship with a child.
If you are not a child’s biological parent, whatever the surrounding circumstances may be, you can still contend for custody and visitation.
