Full question:
My boyfriend and I are living together. His name is on the birth certificate to our twins. I want to move out, I am seeking full custody and visitation rights as he has no job, never been to a doctors appointment, never made a bottle. Can I get in trouble for taking them with me while I file?
- Category: Paternity
- Date:
- State: Washington
Answer:
When parents are unmarried, often the mother is presumed to have custody. However, the father, who still owes a duty of support, may at some point file a paternity or custody complaint if custody hasn't already been established. In most states, a paternity action takes the form of a civil lawsuit. Only certain persons or parties have legal standing to bring a paternity action, including the mother of the child; the mother of an expected child; a man alleging that he is the biological father of a child; a man alleging that he is the biological father of an expected child; the child; a personal representative of the child; the mother and father of a child (a voluntary action filed together); the mother and father of an expected child (a voluntary action filed together); a state social service agency, interceding in cases of child neglect or need; and a prosecutor's office, interceding in cases of child neglect or need. An action for paternity may be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity.
A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future. A man is presumed to be the father if he has been married to the mother for a certain time before the child is born. That presumption may be rebutted by clear and convincing standards of evidence, such as a DNA test. A man not a presumed father may bring an action for the purpose of declaring that he is the natural father of a child having a presumed father. If a biological father is determined to be a man not married to the mother, that man may be ordered to have visitation rights, as well as other obligations.
Please see the following WA statutes:
RCW 9A.40.060 (1) A relative of a child under the age of eighteen or of an
incompetent....
(1) A relative of a child under the age of eighteen or of an incompetent
person is guilty of custodial interference in the first degree if, with the
intent to deny access to the child or incompetent person by a parent,
guardian, institution, agency, or other person having a lawful right to
physical custody of such person, the relative takes, entices, retains,
detains, or conceals the child or incompetent person from a parent,
guardian, institution, agency, or other person having a lawful right to
physical custody of such person and:
(a) Intends to hold the child or incompetent person permanently or for a
protracted period; or
(b) Exposes the child or incompetent person to a substantial risk of
illness or physical injury; or
(c) Causes the child or incompetent person to be removed from the state
of usual residence; or
(d) Retains, detains, or conceals the child or incompetent person in
another state after expiration of any authorized visitation period with
intent to intimidate or harass a parent, guardian, institution, agency, or
other person having lawful right to physical custody or to prevent a
parent, guardian, institution, agency, or other person with lawful right to
physical custody from regaining custody.
(2) A parent of a child is guilty of custodial interference in the first
degree if the parent takes, entices, retains, detains, or conceals the
child, with the intent to deny access, from the other parent having the
lawful right to time with the child pursuant to a court-ordered parenting
plan, and:
(a) Intends to hold the child permanently or for a protracted period; or
(b) Exposes the child to a substantial risk of illness or physical
injury; or
(c) Causes the child to be removed from the state of usual residence.
(3) A parent or other person acting under the directions of the parent is
guilty of custodial interference in the first degree if the parent or other
person intentionally takes, entices, retains, or conceals a child, under
the age of eighteen years and for whom no lawful custody order or parenting
plan has been entered by a court of competent jurisdiction, from the other
parent with intent to deprive the other parent from access to the child
permanently or for a protracted period.
(4) Custodial interference in the first degree is a class C felony.
[1998 chap. 55 sec. 1; 1994 chap. 162 sec. 1; 1984 chap. 95 sec. 1.]
RCW 9A.40.070 (1) A relative of a person is guilty of custodial interference
in the....
(1) A relative of a person is guilty of custodial interference in the
second degree if, with the intent to deny access to such person by a
parent, guardian, institution, agency, or other person having a lawful
right to physical custody of such person, the relative takes, entices,
retains, detains, or conceals the person from a parent, guardian,
institution, agency, or other person having a lawful right to physical
custody of such person. This subsection shall not apply to a parent's
noncompliance with a court-ordered parenting plan.
(2) A parent of a child is guilty of custodial interference in the
second degree if: (a) The parent takes, entices, retains, detains, or
conceals the child, with the intent to deny access, from the other parent
having the lawful right to time with the child pursuant to a
court-ordered parenting plan; or (b) the parent has not complied with the
residential provisions of a court-ordered parenting plan after a finding
of contempt under RCW 26.09.160(3); or (c) if the court finds that the
parent has engaged in a pattern of willful violations of the court-ordered
residential provisions.
(3) Nothing in subsection (2)(b) of this section prohibits conviction of
custodial interference in the second degree under subsection (2)(a) or (c)
of this section in absence of findings of contempt.
(4)(a) The first conviction of custodial interference in the second
degree is a gross misdemeanor.
(b) The second or subsequent conviction of custodial interference in the
second degree is a class C felony.
RCW 26.26.540
Proceeding to adjudicate parentage -- Time limitation: Child having acknowledged or adjudicated father.
(1) If a child has an acknowledged father, a signatory to the acknowledgment or denial of paternity must commence any proceeding seeking to rescind or challenge the paternity of that child only within the time allowed under RCW 26.26.330 or 26.26.335.
(2) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is neither a signatory to the acknowledgment nor a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than two years after the effective date of the acknowledgment or adjudication.
RCW 26.26.330
Proceeding for rescission of acknowledgment or denial of paternity.
A signatory may rescind an acknowledgment or denial of paternity by commencing a court proceeding to rescind before the earlier of:
(1) Sixty days after the effective date of the acknowledgment or denial, as provided in RCW 26.26.315; or
(2) The date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
