My daughter will be three next month. Last month her father served me with papers to do a paternity test; however, he signed the Parent Acknowledgement form. I am wanting to deny it due to the fact that she is his no doubt and the only reason why he is doing this now is because he doesn't want to pay child support. Also, he is trying to stick me with paying for everything court wise. Which laws should I pay close attention to and what would be the best way to deny him.
Family Law Attorney
If you have been served with court documents, you should hire an attorney to represent you. Your type of case depends on the specific facts, the statutes, and case law. Not knowing the statutes and case law would put you at a disadvantage.
Generally, the potential parents of a child have four years after the birth of the child to challenge the parentage of the child.
Before the court orders genetic testing, the court will decide whether it is in the child's best interest for genetic testing to be done.
If the father has been acting as a good father to the child these three years, it is unlikely that the court would order genetic testing.
The statutes are mostly in Chapter 26.26 RCW (UNIFORM PARENTAGE ACT) at http://apps.leg.wa.gov/rcw/default.aspx?Cite=26 .
You have only a few days to respond to the summons. If you are late, you may be defaulted.
You should ask the court to appoint a guardian ad litem for the child. It is likely that the court would appoint a GAL even if neither parent wants a GAL as the statutes require that a child older than two to be represented by a GAL.
You should not delay in reviewing the specific facts with your attorney.
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Family Law Attorney
Under certain circumstances a man can request a dna test even though he is the presumed father. You should consult with an experienced attorney about these issues. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on paternity for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”
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