Results 1 to 9 of 9
  1. #1
    Join Date
    Jun 2017
    Posts
    8

    Default Biological Dad Wants to Establish Paternity After Four Years

    My question involves paternity law for the State of: Washington.

    In mid-2009 I gave birth to my son. I was not married to the biological father. I was legally separated and not cohabitating with my ex-husband. The biological father refused to put his name on the birth certificate, so the birth certificate says "none named" under "father". My divorce with my ex-husband was finally concluded in mid-2012. At the same time of divorce finalization, my ex-husband signed a "Presumed Parent's Denial of Paternity" which was notarized and sent to DSHS. The biological father however, refused to sign the corresponding Paternity Acknowledgement, so DSHS returned the document to me, and it has sat in my file cabinet all these years. Since then, neither I nor my son has had any contact with my ex-husband or the biological father, and neither has paid any child support. In mid-2017, the biological father began aggressively contacting me to have visitation with his son. Can he establish paternity at this point? I remain unmarried and am not cohabitating with anyone.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Biological Dad Wants to Establish Paternity After 4 Years with Complications

    Yes, he can. If the court agrees, you can request supervised, graduated visitation until he and the child get to know each other. Then you should expect the "normal" NCP schedule to be ordered.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Biological Dad Wants to Establish Paternity After 4 Years with Complications

    Quote Quoting Dogmatique
    View Post
    Yes, he can. If the court agrees, you can request supervised, graduated visitation until he and the child get to know each other. Then you should expect the "normal" NCP schedule to be ordered.
    I agree. I will also add that quite often when a non-involved dad suddenly gets aggressive about being involved, it generally has to do with a new girlfriend in his life,
    whom he has led to believe that the mother is the reason why dad isn't seeing his child. As soon as the girlfriend is no longer in the picture, dad's interest often wanes. So do not be surprised if he does not actually follow through...but do not be surprised if he does, either. It could go either way.

  4. #4
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Biological Dad Wants to Establish Paternity After 4 Years with Complications

    If bio dad chooses to pursue this in court, it strikes me this would be the appropriate time for OP to seek child support.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Biological Dad Wants to Establish Paternity After 4 Years with Complications

    I suppose it's completely outside the realm of possibility for an absent parent to have a change of heart and recognize the opportunity to enjoy the wonder that is parenthood.

  6. #6
    Join Date
    Jun 2017
    Posts
    8

    Default Re: Biological Dad Wants to Establish Paternity After 4 Years with Complications

    Actually, I have reason to believe that his father, my son's grandfather, is seriously ill and has requested to see my son before he dies. So my son's father is not feeling "wonder of parenthood", but rather "fear of guilt". Also, his business has become very successful, and he may now not be afraid of paying child support, including back support. He lives, however, in an EU country which is not a foreign reciprocating country for child support. Even if we put a parenting plan together, I believe there is no way to enforce it. So when the grandfather dies, and my son's father loses interest, this could be a problem for me, and definitely for my son.

    Instead of focusing on this issue over the last 7+ years, I have focused on becoming 110% parent and financially stable so that I do not need his money. We are very happy and have a good life. My son has not asked to meet his father yet.

    There is the possibility of my serving his father with legal documents when he comes to the US once a year at a business trade show where he has a booth. But I have not taken this option yet. I am hesitant to complicate our life with ongoing drama of which I am fairly sure there would be, based on my past experience with him. But if there are legal ramifications I am missing, I would change my mind. And I certainly will change my mind when my son wants to meet his father. Or if I run into financial difficulty.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Biological Dad Wants to Establish Paternity After 4 Years with Complications

    Quote Quoting PTAwum2
    View Post
    Actually, I have reason to believe that his father, my son's grandfather, is seriously ill and has requested to see my son before he dies. So my son's father is not feeling "wonder of parenthood", but rather "fear of guilt". Also, his business has become very successful, and he may now not be afraid of paying child support, including back support. He lives, however, in an EU country which is not a foreign reciprocating country for child support. Even if we put a parenting plan together, I believe there is no way to enforce it. So when the grandfather dies, and my son's father loses interest, this could be a problem for me, and definitely for my son.

    Instead of focusing on this issue over the last 7+ years, I have focused on becoming 110% parent and financially stable so that I do not need his money. We are very happy and have a good life. My son has not asked to meet his father yet.

    There is the possibility of my serving his father with legal documents when he comes to the US once a year at a business trade show where he has a booth. But I have not taken this option yet. I am hesitant to complicate our life with ongoing drama of which I am fairly sure there would be, based on my past experience with him. But if there are legal ramifications I am missing, I would change my mind. And I certainly will change my mind when my son wants to meet his father. Or if I run into financial difficulty.
    Y'know, that would've been really handy to know from the beginning.

    You're welcome.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Biological Dad Wants to Establish Paternity After 4 Years with Complications

    Quote Quoting Dogmatique
    View Post
    I suppose it's completely outside the realm of possibility for an absent parent to have a change of heart and recognize the opportunity to enjoy the wonder that is parenthood.

    Of course it is, but those who do are generally not aggressive about it. They tend to be more conciliatory about it and recognize that they goofed up not coming forward sooner.

    Quote Quoting PTAwum2
    View Post
    Actually, I have reason to believe that his father, my son's grandfather, is seriously ill and has requested to see my son before he dies. So my son's father is not feeling "wonder of parenthood", but rather "fear of guilt". Also, his business has become very successful, and he may now not be afraid of paying child support, including back support. He lives, however, in an EU country which is not a foreign reciprocating country for child support. Even if we put a parenting plan together, I believe there is no way to enforce it. So when the grandfather dies, and my son's father loses interest, this could be a problem for me, and definitely for my son.

    Instead of focusing on this issue over the last 7+ years, I have focused on becoming 110% parent and financially stable so that I do not need his money. We are very happy and have a good life. My son has not asked to meet his father yet.

    There is the possibility of my serving his father with legal documents when he comes to the US once a year at a business trade show where he has a booth. But I have not taken this option yet. I am hesitant to complicate our life with ongoing drama of which I am fairly sure there would be, based on my past experience with him. But if there are legal ramifications I am missing, I would change my mind. And I certainly will change my mind when my son wants to meet his father. Or if I run into financial difficulty.
    I do not see any point in you serving the biological father any legal documents. Let him be the one to file something if he wants to establish paternity and visitation. However, that will not do any good about his father seeing the child because its going to be a fairly long way down the road, before a court would let him take the child out of the country for visitation...if ever allowed at all.

  9. #9
    Join Date
    Jun 2017
    Posts
    8

    Default Re: Biological Dad Wants to Establish Paternity After 4 Years with Complications

    I am sorry if I was misleading. I was trying to make an effort at stay true to the forum topic, then when it diverged, I didn't want to leave a trailing thread.

    Thank you so much! I feel much better going forward. Sharing your time and extensive knowledge on this forum is making a huge difference in people's lives and changing the world for the better. Thank you again.

    1. Sponsored Links
       

Similar Threads

  1. Modification of Custody: Biological Mother Seeks to Re-Establish Custody of 2 Daughters After 3 Years
    By kaboseman in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 06-05-2014, 08:36 PM
  2. Presumption of Paternity: Delegitimizing a Child so the Biological Father Can Establish Paternity
    By karisat in forum Paternity Law
    Replies: 1
    Last Post: 10-30-2013, 06:00 AM
  3. Establishing Paternity: Biological Father Trying to Establish Paternity After Two Years
    By MissyMay in forum Paternity Law
    Replies: 1
    Last Post: 12-29-2012, 02:32 AM
  4. Establishing Paternity: How to Establish Biological Father's Paternity After Divorce
    By Mike N Vanessa Hughes in forum Paternity Law
    Replies: 7
    Last Post: 09-16-2012, 08:31 PM
  5. Replies: 20
    Last Post: 08-30-2010, 10:14 PM
 
 
Sponsored Links

Legal Help, Information and Resources