How likely would it be to rescind the paternity acknowledgement after the 60-day grace period under the following conditions?

Asked over 1 year ago - Olympia, WA

I signed Acknowledgement form in WI after child was born in late 2011 because I trusted the mother (my best friend for 6 years before starting relationship) that she had not had sex with anyone else during the time we were together. We married early 2012, they moved out to WA (I'm military) with me, and I deployed mid-2012. I recently returned from deployment and my wife told me she "remembered" a night around the child's conception that she went to a party, took an unknown pill, and woke up the next morning with no recollection of the night prior. We had a legal paternity test done at DNA Diagnostics Center and it stated I had a 0% chance of being the biological father. We're also getting an uncontested divorce but want to disestablish paternity before filing.

Attorney answers (3)

  1. Bruce Clement

    Pro

    Contributor Level 19

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    Answered . The answer depends on many details you do not discuss. Bottom line: Immediately consult with a good family law attorney. Time is of the essence. 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 and divorce 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.”

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you... more
  2. Virginia A Clifford

    Contributor Level 3

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    Answered . This child is presumed to be yours, so the issue must be addressed is the Dissolution, but it doe not necessarily have to be done prior to the filing of the Dissolution. The two cases can go on simultaneously. These is a statutory time limit for disallowing paternity, so see an attorney right away.

  3. Peter Jaret Abbarno

    Pro

    Contributor Level 12

    Answered . I agree with the previous responses. Look at RCW 26.26.335. I recommend you consult with an attorney to discuss your rights and the deadlines for filing this action.

    Peter J. Abbarno practices in the State of Washington; primarily in Thurston, Lewis, and Cowlitz counties. The... more

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