Legal Question in Family Law in Washington

Custody and non-genetically related child impact

I am looking at having a seperation/divorce and intend to take custody of a child who may or may not be genetically mine (born during the marriage). Since the genetic relation has not been investigated/proven either way, would it be beneficial or harmful to gaining custody of the child in either circumstance? From a the legal perspective of the man should the genetic relation remain unchallenged / unproven or could it damage the chance for custody if the woman knows the child is not genetically related?


Asked on 6/23/03, 5:39 pm

1 Answer from Attorneys
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Custody and non-genetically related child impact

This is a complicated scenario for you. Children born during marriage are presumed to be the lawful issue of the couple who are married. Also, how old is this child? The courts may hold that the child's paternity is irrelevent and that the psychological father is responsible for the child in any event, especially if the true biological father is unknown or can't be discovered. Establishing paternity at this point could severely jeopardize any chance of the father/husband obtaining custody if the husband is not proven to be the father. Please call me to discuss this matter further.

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Answered on 7/07/03, 9:56 pm


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