Understanding Paternity Lawyers: Rights and Responsibilities in Washington State

Navigating the waters of family law can feel like steering through a storm, especially when the heart of the matter lies in determining the best future for your children. In Kennewick, WA, as in many other places, the complex journey of legal separation or divorce gains an added layer of intricacy when it involves the rights to child custody and support. 

While traditional views have often seen mothers as the primary caretakers, leading to a historical bias in custody decisions, the legal landscape is evolving. Fathers seeking to play an active, nurturing role in their children’s lives have avenues available to them, thanks to paternity law.

What is a paternity lawyer? A paternity lawyer helps individuals navigate issues related to parental rights and responsibilities. The paternity attorney is a legal professional specializing in cases concerning the establishment of paternity, which determines the legal father of a child. 

An experienced paternity lawyer can assist clients in asserting their rights as parents or in contesting paternity claims. Their expertise helps resolve child custody, visitation, child support, and parental rights disputes. 

Understanding the role of paternity lawyers is vital for anyone facing paternity-related legal matters, as their services can greatly impact the outcome of family law proceedings.

The Role of a Paternity Lawyer

Here is an overview of all the responsibilities of a paternity lawyer:

1. Paternity Testing and DNA Analysis

Paternity lawyers facilitate the process of paternity testing and DNA analysis. It helps establish the biological relationship between a father and a child. They guide clients through the steps involved in submitting DNA samples, interpret the results of paternity tests, and explain the legal implications of the findings.

2. Legal Representation

Paternity lawyers provide legal representation to individuals involved in paternity cases. The family lawyer advocates for his client’s rights and interests in court proceedings, negotiations, and other legal matters related to paternity. Their role includes drafting legal documents, presenting evidence, and arguing on behalf of their clients to ensure fair outcomes.

3. Establishing Paternity in Uncontested Cases

In uncontested paternity cases where both parties agree on the child’s parentage, paternity lawyers help formalize the legal acknowledgment of paternity. They also help clients navigate the administrative process, complete necessary paperwork, and ensure compliance with legal requirements.

4. Contested Paternity Cases

In contested paternity cases, where disputes arise regarding the child’s parentage, paternity lawyers represent their clients in contested proceedings. They gather evidence, conduct investigations, and present arguments to support their client’s claims or defenses against paternity allegations. Paternity lawyers work diligently to protect their client’s rights and achieve favorable outcomes in contested paternity cases.

5. Parental Responsibilities

Paternity lawyers advise clients on their parental responsibilities and rights. It includes issues related to child custody, visitation, and child support. They help clients understand their legal obligations as parents and work to ensure that their rights are upheld per applicable laws.

6. Mediation and Settlements

Paternity lawyers facilitate mediation and settlement negotiations to resolve paternity disputes amicably whenever possible. They act as mediators between parties to help them reach mutually acceptable agreements on paternity-related issues, such as custody, supervised visitation schedules, and child support arrangements. They always strive to achieve fair and equitable resolutions that prioritize the child’s best interests while minimizing conflict.

Benefits of Establishing Paternity

Washington State’s paternity definition is the legal recognition of a man as a child’s biological parent. This legal relationship confers rights and responsibilities on both parties and establishes a bond between a father and his child.

In Washington State, paternity can be established via several avenues to ensure legal recognition of the biological connection between father and child. A Paternity Lawyer can help you know your rights and file all the correct legal paperwork. Establishing paternity has significant advantages and benefits for parents and children, including:

1. Emotional Well-being

This relationship fosters identity, belonging, and emotional stability for the child, as well as meaning, purpose, and responsibility for the father.

2. Inheritance Rights

After establishing paternity, a child becomes eligible for inheritance, which ensures future financial security and stability.

3. Strengthened Family Bonds

The stability of a family environment can lead to stronger connections and create a place of belonging and wellness.

4. Financial Support

A child gains access to their biological parent’s financial assistance, which ensures essential resources.

5. Legal Rights and Responsibilities

Establishing clear legal recognition of a father’s role in their child’s life, ensures rights to custody and visitation, and legal decision-making responsibilities.

6. Access to Benefits and Services

The establishment of legal responsibilities leads to various benefits, such as insurance, veteran’s benefits, and social security.

7. Health History and Genetic Information

Knowledge of family medical history and genetic information is a key component in making informed healthcare decisions and understanding potential risks.

gold cloud divider
Get The Legal Help You Deserve

Top Reasons Why To Hire A Paternity Lawyer in Washington State

If you are going through a divorce, you must consider hiring a paternity lawyer for further legal formalities, especially for your child. Here are a few reasons that showcase how it would be helpful:

1. To File a Proper Paternity Action

A paternity lawyer ensures all legal requirements are met when initiating a paternity case. It provides a solid foundation for establishing parental rights.

2. To Uphold Your Rights During a Divorce

Hiring a paternity lawyer safeguards your parental rights and ensures they’re considered equitably in divorce proceedings.

3. Ensure Fairness in Determining Parental Responsibility

A paternity lawyer advocates for fair assessments of parental responsibilities. They ensure both parents contribute appropriately to their child’s upbringing.

4. To Ensure Fairness in Determining Timesharing

Paternity lawyers work to establish fair and balanced timesharing arrangements that prioritize the child’s well-being. They consider both parents’ schedules and availability.

5. To Advocate on Your Behalf During Child Support Determination

They represent your interests in child support matters, ensuring accurate calculations based on financial circumstances and the child’s needs. Paternity lawyers assist in modifying paternity orders when circumstances change. They ensure your legal documents accurately reflect current parental responsibilities and arrangements.

6. Family Law is Complex

Given the complexity of family law, hiring a paternity lawyer ensures you have expert guidance and representation. They can help you navigate legal processes effectively and protect your rights.

Determining Father’s Rights

In the past, family courts often favored mothers, especially when it came to deciding who gets custody of young children. But now, fathers are speaking up more about feeling treated unfairly because of their gender. 

They believe they’re not getting the same legal protection as mothers, which goes against the United States Constitution. Here are a few elements that can help you claim your child’s custody: 

Establishing Paternity 

Determining a father’s rights often begins with establishing paternity, which legally identifies the biological father of a child. This can be done voluntarily through acknowledgment or involuntarily through genetic testing if there is a dispute.

Unmarried Fathers 

Unmarried fathers may face additional challenges in establishing and asserting their rights compared to married fathers. However, they still have the opportunity to establish paternity and seek custody or visitation rights through legal channels.

Divorced Fathers

Divorced fathers retain certain rights regarding their children, including the right to seek custody or visitation arrangements. They can hire a men’s divorce lawyer to get maximum assistance. 

However, these rights may be subject to court decisions based on factors such as the child’s best interests and the father’s involvement in their upbringing. Divorced fathers may also have responsibilities regarding child support payments as determined by the court.

Frequently Asked Questions

How to get a court-ordered paternity test in Washington state?

Washington courts may order a genetic test to help establish paternity and determine if a particular man is a child’s father.

A child’s mother may apply for services through DCS, and the Division of Child Support can help establish paternity by referring the case to the King County prosecutor. The prosecutor acts on the child’s behalf—not the parent(s)—to ensure they are supported.

Does the father have to be present for a paternity test?

When the father is unavailable it’s possible to gather DNA from uncles, siblings, or grandparents, since they will share DNC with their alleged father. While getting a DNA sample from the father is the most accurate result, there might be some cases where this isn’t possible.

Can a mother say no to a paternity test?

In the case of marriage, the husband is presumed to be the father of the child. If the parents are unmarried and the mother retains legal custody, she can refuse a paternity test since the father has no legal rights to the child.

Hiring A Paternity Lawyer 

Paternity lawyers can help you find the right route through the complex landscape of parental rights and responsibilities. From establishing paternity to representing clients in contested cases, these professionals play a key role in ensuring fair outcomes in family law proceedings. 

Whether it’s advocating for fair assessments of parental responsibility or facilitating mediation and settlements, paternity lawyers are instrumental in protecting the rights of their clients. If you are facing paternity-related legal matters, seeking legal representation can save you from a lot of trouble. 

In case you need guidance or representation in a paternity dispute, don’t hesitate to reach out for a free case review. Your rights and the well-being of your family are our top-most priority. Contact us today to discuss your case with our dedicated team.

Picture of JARROD HAYS

JARROD HAYS

Jarrod Hays is the founder of Skyview Law. He is licensed to practice law in Washington State and the Western District of Washington State Federal Court.

gold cloud divider

Get The Legal Help You Deserve

Meet with one of our experienced and trusted team members to find out how you can stay protected and get the justice you deserve.