Legal Question in Family Law in Washington
Legal Separation and Question of Paternity
A little over a year into our marriage, I had an affair and got pregnant. I was pretty sure the baby was not my husband's. I never told the biological father and my husband and I agreed to raise the baby as ours. His name is on the birth certificate, but we never had a DNA test. However, the situation caused an irreconcilable rift and we have now separated. My daughter is 15 months old and knows my husband as daddy. I want to file for legal separation for financial reasons - i.e. he's very irresponsible with money and I don't want to end up being responsible if he decides to go rack up debt. But I am not able to file for legal separation without filing for child support and a parenting plan. My husband has told me if I do that, he will get a DNA test to prove she is not his and go back home (to England). My daughter and I are surviving without his financial contributions (family support) and he sees the baby whenever he wants. I don't want her to lose contact with the man she knows as daddy just because the State forces me to file financial papers. I don't know what to do. I am stuck between a rock and a hard spot. Is there any possible way around this? (I do NOT want to get the biological father involved at this point)
1 Answer from Attorneys
Re: Legal Separation and Question of Paternity
The husband of a married woman is presumed to be the father of her child unless or until proven otherwise. A husband who wishes to dispute parentage must file an action within 24 months of the date of birth or he is forever presumed - whether he actually is or is not the father - to be the father and thus responsible to support the child in the event of a separation.
Your best bet? WAIT. Wait ten months. In ten months, the child is his no matter what.
And for heaven's sakes, get yourself to a qualified family law attorney right now for a consultation. Many will do a consult for a very reasonable price.
Hope this helps. Powell
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