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While a father theoretically has the exact same rights to his child as a mother, Washington looks at the determination of historical parenting plans to determine parental access. For that reason, a presumed father’s legal rights to his children depend on the scenario.
If parents were together, the father’s parental rights are equal to that of the mother before establishing parentage. If the mother and father are separated, and the child stays with the mother, it might be difficult for the father to see his children. The mother might withhold or preclude visitation. The father would then have to establish his parental rights before he actually has any rights.
If the father tries to assert parental rights, the mother can refuse. There’s nothing legal authority or police officers can do because there’s no court-ordered parenting plan in place that would prevent the mother from doing so.
Still, a father can take his child, travel with his child, care for his child and financially support his child before establishing paternity. If that is an issue, the mother can withhold visitation and justify that until a parentage order is in place.
Yes, you can be added to your child’s birth certificate with the agreement of the mother. The mother (or both of you) must fill out the needed paperwork and send it to the Washington State Department of Social and Health Services (DSHS). The DSHS will then add your name as your child’s father to the birth certificate.
If there is no agreement, then you would have to file for parentage before filing a motion to include your name on your child’s birth certificate.
In Washington State, there’s a petition to establish parentage. To do so, you must file standard paperwork: a summons, a petition, an information sheet, and a copy of your child’s birth certificate if you have one. You must then pay the filing fee and file these documents with the court.
The court will issue a case schedule. You would then file a proposed parenting plan with your proposal of a residential schedule or custodial rights for your child.
Attorney Diem Chi Nguyen is a seasoned lawyer based in Renton, WA, who has helped countless clients just like you navigate the intricacies of family law. Her years of experience prepare her to assist you in securing your parental rights so that you can raise and support your child as you intended.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule a free initial consultation.
Whenever you file a petition for paternity and the other party disputes, you must come back to court and file a motion for DNA testing. Once DNA testing is ordered and completed, you can use the test results to include your name on your child’s birth certificate.
We’ve had many cases where the mother and father were together, had a child, and then separated. At that point, the mother decides to withhold and not let the father see the child. The father then has to file a petition to establish paternity.
Once the father files that petition, and if the parents are still in dispute, we proceed with filing a motion for DNA testing. Once DNA testing is done, we get an order in place that establishes parentage and move forward with the parenting plan and residential schedule for the father.
We’ve had scenarios where we fought all the way through the DNA testing. We also have scenarios where both parties agree to DNA testing because the mother wants to confirm the father is not a parent. For his part, the father wants to confirm he is a parent. There’s no way for the mother to deny the results of the DNA testing. In that instance, the court would generally grant the petition.
Parentage cases generally start with a father having a strong opinion about parentage because he believes that the mother is trying to take his child away. Once you file the case, the mother doesn’t have a choice other than to acknowledge what she was trying to prevent and proceed with the parenting plan.
For more information on a father’s parental rights in Washington state, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 276-7390 today.
Attorney Diem Chi Nguyen is a seasoned lawyer based in Renton, WA, who has helped countless clients just like you navigate the intricacies of family law. Her years of experience prepare her to assist you in securing your parental rights so that you can raise and support your child as you intended.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule a free initial consultation.
