Olympia Paternity or Parentage Cases for Unmarried Couples

Olympia Paternity Attorneys Protect Your Rights During Parentage Cases

In Olympia, Washington, individuals seeking to determine paternity have several legal avenues. These legal options were designed to establish who the father of a child is, which can be important for child support, custody, visitation rights, and inheritance. Here are the primary legal options for determining paternity:

• Voluntary Acknowledgement Of Paternity: Both parents can sign a Voluntary Acknowledgment of Paternity form, which is often done at the hospital immediately after the child's birth but can be completed later. Once signed and filed with the Washington State Department of Health, it establishes the child's legal father without requiring a court order.
• Administrative Order Through The Division Of Child Support (DCS): When there are no disputes, the DCS can establish paternity administratively. This process can also establish a child support order concurrently.
• Petition For A Court Order Of Paternity: Either parent can file a petition in the Superior Court of Thurston County (serving Olympia) to establish paternity. This process occurs when the parents do not agree on paternity or when paternity is in question. The court may order genetic testing, which may confirm paternity and result in a court order establishing it.
• Paternity Action Filed By The State: In cases where a parent seeks child support and paternity needs to be established for those purposes, the state of Washington, through its Child Support Program, can initiate a paternity action. These actions are commonly filed when the mother is receiving public assistance for the child.
• Genetic Testing: Genetic testing involves collecting and analyzing DNA samples from the mother, child, and alleged father. The court can order genetic testing as part of a paternity action, and the results determine the likelihood of paternity.

Specific legal procedures apply to establish paternity or parental rights in cases involving adoption or assisted reproductive technology. These situations may involve written agreements or court orders, with each option having its processes, requirements, and potential legal implications. It's advisable to consult with an Olympia paternity attorney for legal guidance based on the specific circumstances of your case.

What Happens During A Paternity Case In Thurston County?

In Thurston County, Washington, parents take several steps to legally establish the father of a child. This process is essential for determining parental rights, responsibilities, and benefits for the child, including custody, visitation, and child support. Here's an outline of what typically happens during a paternity case:

1. File Petition: The process begins with one party filing a Petition to Establish Parentage in Thurston County Superior Court. The mother, the alleged father, the child (through a representative), or the state (typically in child support cases) are qualified to file this petition.
2. Serve Process: After this, you must formally notify the respondent (the alleged father, unless he is the petitioner) through the service of process.
3. Petition Response: The alleged father usually has 20 days to respond. He can either acknowledge or dispute paternity
4. Genetic Testing: If paternity is contested, the court may order genetic testing of the mother, child, and alleged father. These tests are highly accurate and can determine with a high degree of certainty whether the alleged father is the biological father.
5. Court Hearing: The Thurston County Court may schedule a hearing to review the evidence, including the genetic testing results. Both parties can present additional evidence and arguments to support their positions. In cases where paternity is not in dispute, a hearing may not be necessary, and the court can decide based on the submitted evidence.
6. Establishment Of Paternity: If the genetic testing confirms that the alleged father is the biological father, or if paternity is acknowledged, the court will issue an Order of Paternity, which legally establishes the man as the father of the child.
7. Additional Orders: Once paternity is established, the court may also issue orders related to child support, custody, and visitation, depending on what is requested in the petition and the child's needs.

Throughout this process, parties involved in a paternity case must have legal representation from an Olympia family law attorney specializing in paternity.

Is The Father Legally Obligated To Provide Child Support?

Once Thurston courts establish paternity, a father must financially support his child. This financial support obligation stems from the principle that both parents, regardless of their marital status or relationship with the child, are responsible for their child's upbringing and welfare.

To determine child support amount, state guidelines that outline several financial factors are used. Depending on their custody arrangement and financial situation, the court may order one or both parents to pay child support. The objective is to ensure that the child's standard of living is maintained as much as possible following the parents' separation or divorce.

Once established, child support orders are legally binding and enforceable. Failure to comply with a child support order results in legal consequences, including wage garnishment, interception of tax refunds, suspension of driver's and professional licenses, and in severe cases, criminal charges. It's important for fathers to understand that their obligation to support their child financially is independent of their rights to custody or visitation; even if a father does not have custody or visitation rights, he is still required to pay child support. Conversely, a father's right to spend time with his child is independent of whether he is up to date on child support payments.

What Factors Are Considered For Child Support?

When determining child support payments in Washington, courts consider several factors to ensure the support amount is fair and meets the child's needs while reflecting the parent's financial capabilities. These factors, particularly outlined in the Revised Code of Washington (RCW) 26.19, include:

• Income Of Both Parents: The court looks at both parents' gross income, including wages, salaries, commissions, bonuses, dividend income, pension payments, and any other sources of income. Each parent's financial resources are a primary factor in determining the child support obligation.
• Number Of Children: Child support amount is also influenced by the number of children requiring aid. The amount per child generally decreases as the number of children increases.
• Age Of Children: While the primary child support schedule is not directly affected by the children's age, certain age-related expenses, such as daycare costs or higher educational expenses, are considered.
• Healthcare And Educational Expenses: When determining child support, the court factors in several aspects related to the child's well-being. These include the cost of healthcare insurance premiums, any extraordinary medical expenses, and any special educational needs the child might have. These costs are then typically divided between the parents proportionally based on their income.
• Daycare And Childcare Costs: Work-related daycare and childcare costs are also factored into the child support calculation, recognizing the necessity of childcare for parents to maintain employment.
• Residential Schedule: The child's time spent with each parent can affect the child support calculation. While Washington's model is primarily income-based, Thurston County courts may adjust to account for the residential schedule, especially in shared custody situations.
• Standard Of Living And Well-being: The court aims to ensure that the child support order reflects a standard of living the child would have enjoyed had the family remained intact.
• Parents’ Other Financial Obligations: Other legal obligations, such as support for other children or debts, might be considered, especially if they significantly impact a parent's ability to pay child support.
• Special Circumstances: Thurston County courts have legal discretion to consider any special circumstances that may affect the child support order. These can include the child's income (if any), the parent's assets, and other factors that might necessitate deviating from the standard calculation.

The overarching goal is to balance the child's needs with the parent's ability to pay, ensuring that the child support order serves the child's best interests while being equitable to both parents.

Can Fathers Fight For Custody And Visitation?

In Washington State,fathers have the right to fight for custody and visitation of their children, as in all other states. The law does not favor mothers over fathers in custody decisions. Instead, courts base their custody and visitation decisions on the best interests of the child, considering a variety of factors without regard to the gender of the parent.

If you're facing a paternity case in Olympia, Washington, it’s crucial to secure legal support. Our attorneys are experienced in Thurston County courts and deeply understand the laws governing paternity and parentage. We are committed to fighting for both the child's and the parent's rights, ensuring the best possible outcome for your family. Recognizing the significance of establishing paternity, we provide comprehensive legal services tailored to your situation. Reach out to us for a consultation. Let us guide you through this process, protect your rights, and foster a positive future for your family. Your first step toward resolving your paternity case begins with us.