• Adoption
• Appeals
• Child Custody
• Child Support
• Collaborative Law
• Divorce
• Domestic Partnerships
• Domestic Violence Protection Orders
• Fathers' Rights
• High Net Worth Divorce
• International Cases
• Invalid Marriages
• Legal Separation
• Modifications: Child Custody
• Modifications: Child Support
• Modifications: Parenting Plan
• Non-Parental Custody
• Paternity
• Prenuptial, Postnuptial and Cohabitation Agreements
• Relocation
• Restraining Orders
• Unmarried Couples

Paternity

A paternity action is commenced when the parents of a child are not married but need to establish the legal identity of a parent, typically the father. Paternity actions are also referred to as parentage actions.

The actual paternity (legal identification of the father) can be legally presumed from certain circumstances or established by DNA testing. At the end of a paternity case a Judgment & Order Establishing Parentage will be entered by the court, along with other provisions for child custody, parenting plan schedules, and child support. Generally speaking, once paternity is established the court is required to enter an Order of Child Support requiring the parent with less residential time to pay child support to the primary residential parent.

Either parent can initiate a paternity action. Mothers typically bring paternity actions to establish child support and sometimes to request entry of a parenting plan for their children. Fathers typically file a paternity action in order to legally establish their parental rights and to request entry of a parenting plan. The State of Washington may file a paternity action to ensure child support is paid to mothers and children that are receiving some form of state benefits.

If the father of the child signed an Affidavit of Paternity (usually at the hospital when the child is born) then a different type of case is required. In this situation, a father or mother may file a Petition to Establish a Parenting Plan and Child Support. Since paternity has already been admitted, this procedure allows either parent to request entry of these orders and provisions without having to prove paternity of the children through genetic testing.

Our family law attorneys have successfully represented many clients over the years in paternity actions. If you need to establish paternity for your child, obtain an enforceable parenting plan, or establish child support, we invite you to contact our office for an appointment.

McKinley Irvin proudly serves Washington State with offices in Seattle, Bellevue, Tacoma, Puyallup and Gig Harbor.

For more information about McKinley Irvin, or to contact us about your case, click here.