Legal Question in Family Law in Washington

Re: my childs last name and paternity

There are several relevant facts that you have not addressed which may affect the answer to your question.

In general a proceeding to adjudicate the parentage of a child having a presumed father must be commenced not later than two years after the birth of the child.

There are several circumstances where the court may deny the use of genetic testing and effectively end the matter (i.e. prevent the biological father from obtaining evidence of paternity). There is a significant burden that must be satisfied to allow the court to do this, but the factors to be considered include:

The conduct of the mother or the presumed father (translate presumed father to be husband) estops that party from denying parentage; and

It would be inequitable to disprove the father-child relationship between the child and the presumed father.

In determining whether to deny genetic testing under this section, the court shall consider the best interest of the child, including the following factors:

The length of time between the proceeding to adjudicate parentage and the time that the presumed father was placed on notice that he might not be the genetic father;

The length of time during which the presumed father has assumed the role of father of the child;

The facts surrounding the presumed father's discovery of his possible nonpaternity;

The nature of the father-child relationship;

The age of the child;

The harm to the child which may result if presumed paternity is successfully disproved;

The relationship of the child to any alleged father;

The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and

Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed father or the chance of other harm to the child.

Whether you can effectively litigate this matter yourself, I don't know. But I do know that you are not going to learn enough from a free website to be able to do it.