Legal Question in Family Law in Washington

Paternity Action

My daughter's father and I were never marrried. He is on her birth certificate and I have been told that I need to file a paternity action with the court regarding custody. What is this?

Also, is there a Washington State statute that states the mother of the child has custody until a court decides otherwise?


Asked on 2/05/09, 12:13 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Paternity Action

A paternity action is where you sue the father to do two things. 1) establish that he is in fact the father, and 2) establish a custody and support order.

Since he is on the birth certificate, providing that takes care of paternity- that won't be a problem. The paternity action will then allow the court to enter a parenting plan (custody order) and the support orders.

As for your second question, no, there is no statute that says the mother has custody until the court decides otherwise. I think I answered your query from yesterday, and I repeat, you really ought to get in touch with an attorney close to you and pay for the consultation to know your rights and to get a good idea of what to expect once that attorney interviews you to know all the details of you case. If you cannot afford an attorney, get online and lookup the Washington State Bar Association website and call them. They have a referral service that may be able to put you in touch with low or no cost legal service providers.

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Answered on 2/05/09, 1:28 pm


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