Legal Question in Family Law in Washington

I am guessing that the reason the prosecutor is asking for the DNA test is because the mother at some point filed for state benefits for the child. Normally, the state seeks to establish paternity to go after the father for his share of the support that the state paid the mother.

In your son and grandson's case, even if he is not biologically the child's father, the boy was born during the marriage, and the law presumes that all children born during the marriage are the husband's children. With that said, if the mother cannot be located, I do not think the state will seek to remove the child from the home without any other known father out there.

At the same time, if the biological father is found or he finds you guys, he has a legitimate claim to custody and if he presses ahead with it, there will be little you can do beyond handing over your grandson to him.

One alternative that may be available to your son is to sign an acknowledgment of paternity at this time, in lieu of a paternity test. That might placate the prosecutor's office and simultaneously end any speculation about whether your son is the father. Of course, he may owe the state some money, but that's cheap compared to the alternatives.

I should caution you that I have not had this particular situation come up in my practice, and I have not researched this answer, but rather am operating off my best guess of how this situation would be handled. That said, given your son's situation, if you can, you guys should hire local counsel to review the paperwork from the prosecutor's office and to research your alternatives. It will be money well spent. Best of luck to you.