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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 08-25-2006, 01:18 PM
qazwsxedcrfv qazwsxedcrfv is offline
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Default Paternity in Washington
I may be the father of an unborn child. I dont want to give too many details about why I believe i am not plus unless someone says different I dont image that the circumstances matter at all anyways.

A month after the woman got pregnant she came down with morning sickness which of coarse prompted her to go to the doctor and find out she was pregnant. She has a boyfriend and did at the time we were together. This guy believes that this unborn child is his almost without doubt.

They plan on getting married a few weeks after birth and I imagine that he will sign whatever is presented in front of him at a hospital if he believes it is his. However, he is of a different race then me. He is part asain has somewhat darker skin then me but looks more or less white american in features. I imagine that if the baby comes out stark white with all my recessive genes he may not sign these papers and then any marriage between them would be off.

The mothers entire family has been on welfare for ever so I expect her to do whatever it takes to get welfare. I do not see her coming to me and asking for anything what I see is getting a supeona for a DNA test.

So my questions are.

1. How does the law treat his paternaty based on them getting married weeks after birth as opposed to before it ?

2. How long must he be the presumed father before I don't need to worry about her coming back for child support ?

3. What all causes someone to be the presumed father ? Is it only the affidavid of paternity ? Or is it living with her for a certian time period ? etc.

4. I heard from someone that a woman cannot make you pay back child support beyond the time she files for a paternity test. However, was told hat in the interest of the state (ie she got welfare becasue she wasnt willing to name me) that the state can go back 5 years to recoup thier coffers?

5. I heard that there is a form that the woman fills out at the hospital about who the possible fathers are if I am not on this does it affect my rights as far as paying and or visitation etc ? Also I heard that the father sees said form, and has something on there that can be signed is this true ?

6. If her boyfriend signs papers saying he is the father and she tries to get welfare will they make him do a paternity test anyways? This would of coarse cause a huge mess.

7. anythign else you think i didnt ask but is helpful.

TIA

PS Like I said beforee I doubt the circumstaces of how this all came about matter but is there any instance of where a womans does certain things example lies about when they got pregnant, avoids you, keeps you in the dark through part of the childs life ? etc that would cause me to have any additional rights ?
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Old 08-26-2006, 10:35 PM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Paternity in Washington
If you don't believe you are the father, when the child is born take a DNA test and disprove paternity. The rest of those bridges? It's way too early to be crossing them.
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Old 08-26-2006, 11:09 PM
rmet4nzkx rmet4nzkx is offline
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Default Re: Paternity in Washington
If she is on welfare then they can collect child support back to the time she applied for welfare or state aid. Paternity for a child conceived outside a marriage may be established by a paternity action, this can be filed prior to birth and the judge will order a DNA test, paternity actions can also include custody, child support and visitation, by both parents signing an acknowledgement of paternity at the hospital and a third way based on letters or other forms of acknowledgement, so be careful what you day and do. Don't rely on an infant's looks as caucasian babies may look asian if slightly jaunticed at birth or asian babies may look white, DNA is the way to go and less problems if done as soon as possible after birth, so a court order waiting may save a lot of games and may be required if she named more than one father to welfare. The other potential father needs to know he isn't the only putative father. If she is on welfare, it is unlikely she will get married and lose her benefits unless you are the father then she would get child support either from you or in the form of welfare until patenrity is proven, so she might delay naming a father so as to prolong welfare benefits, that is why you may want to initiate a paternity action just to get it out of the way and if you are so you can also get visitation.
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Old 08-27-2006, 12:24 AM
qazwsxedcrfv qazwsxedcrfv is offline
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Default Re: Paternity in Washington
Thank you for the replies.

My main concern is that the child is born with traits that down blatenly show it to be asian or white and that the boyfriend she is with and her get married he assumes its his child and 4 years later when they divorce I end up on the hook while not have had the time with my child.

However, that said I do not want a child right now and the mother wouldn't be my 1st or 4598th choice to have a child with. She and her boyfriend want to have a child with each other and are obviously in some sort of love if they plan to wed. I do not want to go forcing paternity and having a child whether mine or not go without a at home father if thats possible. If I go court ordering things how would he not know ? Also lets say that its possible somehoe to get her to go along with a paternity test she doesnt want to have done, and it is mine. This would obviously ruin her realtionship.

I don't feel its worth it. In my life the thing that I hated most was that my parents weren't together and that they remarried to evil step-parents ;-) I jsut dont want to go along with her on this and get stung. thats why I asked about his establishing paternity not so much me. If he signs certain papers etc and they get married after etc at what point is he concidered the father ?
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Old 08-27-2006, 05:28 AM
rmet4nzkx rmet4nzkx is offline
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Default Re: Paternity in Washington
The time is passed when you can have a do-over. If you file a paternity action or register in the putative father's registry before the baby is born you will have standing to take the case forward if done before they marry and before the baby is born. You can also between the two of you do a private paternity test and then drop the action if it isn't yours, but if it is yours then you can move forward and either sign an AOP or continue with the paternity action and asking for visitation. Let's say you don't do this and she is on welfare. She may wait for the baby to be born and no matter how the baby appears, he will believe the baby is his and will marry her, it may or not matter that it isn't his. Once they are married you may not have standing to sue for paternity. She tells welfare she doen't know the father and her husband married her anyway, she tells him not to claim he's the father so she can continue to claim welfare. He goes along with this because it's extra money. The baby is raised with the belief that this is the father. A few years down the line, they divorce and he will file to disestablish paternity so he doesn't end up paying child support for a child he discovers is not his own afterall. She clains that the fathe rmust be you, or maybe you and some others, you are ordered to take a DNA test and boom, when proved to be the father, you now own the state child support for all the welfare payments paid and you haven't had a relaitonship with your child. Don't ask her to do a private paternity test without having first filed a paternity action or she could marry to twart, delay it and or not be compelled to take the test. If you have her served when her boyfriend is not there she might keep him from knowing and take the private test without him knowing and hopefully you both learn that you are not the father and she can marry at least knowing you are not the father. This in not a situation where no one will get hurt.
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