Practice Areas

Washington Fathers' Rights Attorneys

Are men treated fairly in court?

In the past, family courts were notoriously biased against men. For many years, the court system assumed that women should retain child custody and fathers should pay child support and spousal maintenance (alimony).

Fortunately, most judges today find such assumptions absurd. Most Washington family courts at present are driven by the best interest of the child, not archaic stereotypes of men's and women's roles.

Instead of assuming that a mother deserves custody, the court will determine which parental situation is best for the child. Similarly, the court will not assume that men should always pay spousal support and child support, opening the possibility for men to receive payment.

Do Fathers Have the Same Rights as Mothers?

Fathers are entitled to the same parental rights as mothers when it comes to family law matters like child custody, visitation, and child support. Fathers also have a right to participate in how their child is raised including where they go to school, their religious upbringing, and other important aspects of their lives. However, many unmarried and divorced dads must go to court and initiate custody cases for their parental rights to be recognized.

How Do Unmarried Fathers Obtain Parental Rights?

Unmarried fathers need to establish paternity before they can enact their parental rights. Both parents can sign a Voluntary Acknowledgement of Paternity form at the birthing center or hospital after their child is born. It can also be signed later on at the Division of Child Support office or health department.

Unmarried fathers can also file a “Petition to Establish Parentage” if the paternity of the child is in question or disputed. This will initiate court proceedings to get a judgment on who should be named as the child’s legal and biological father.

What If I Am Not the Child’s Biological Father?

Even if an individual is not the biological father of a child, they can still defend their rights as a de-facto parent.

Non-biological fathers must prove the following to secure their parental rights:

  • They consistently provide care for the child
  • The child has lived with them for a significant period of time
  • They undertook full responsibility for the child without the expectation of financial compensation

Can a Father Receive Child Support?

If paternity has been established, then the father can be awarded child support if they are named the custodial parent and are responsible for the costs associated with raising the child. Child support can be used to cover food, housing, clothing, medical care, daycare, and education expenses.

Finding the Right Legal Advocate to Represent You

McKinley Irvin attorneys understand the unique issues that men face in family court. We are zealous advocates for all of our clients, regardless of their gender. This commitment demonstrates our deep dedication to providing the best client service to each and every client, along with our respect and dedication for our roles as lawyers in the justice system.

For additional information about our lawyers, please visit their unique profiles. If you are seeking a family law or fathers' rights attorney in Washington, we invite you to schedule a consultation.


Further Reading:

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