Legal Question in Family Law in Washington
Procedure to void paternity affidavit
I signed an affidavit of paternity after July 1, 1997. I am now in a custody battle. I recently discovered (through DNA testing) that I am not the biological father. Under statute (RCW 26.26.335), I only had two years to challenge the paternity affidavit. My only recourse now appears to be having the court void the paternity affidavit (under RCW 26.26.305). The affidavit itself is incorrect, in that the mother stated that she was not married (no presumed father) when in fact she was still married (no denial of paternity on file with the Center for Health Statistics).
Should I simply do a petition for establishment of paternity and file the paternity affidavit and marriage certificate? Or is there another motion/petition I need to file?
1 Answer from Attorneys
Re: Procedure to void paternity affidavit
Your case is very serious and is not a proper subject of a general question. You certainly should not be doing this case yourself, even if you were to be an attorney. You need to retain an attorney immediately so that you can take the legally appropriate action to preserve your rights.