When there is uncertainty or dispute about a child's biological father, genetic testing is often used to establish paternity as part of a Washington parentage action. Specifically, if one of those parents wants to create a formal Parenting Plan or seek Court Ordered Child Support, genetic testing may be required in the event of dispute. Understanding this process can help parents know what to expect.
When Genetic Testing May Be Ordered
Genetic testing is typically ordered when paternity is disputed or uncertain in a parentage action, either at the request of one of the parties or on the court's own initiative to resolve the underlying factual question. Testing generally involves a simple, non-invasive procedure, such as a cheek swab, for the child, alleged father, and often the mother. Notably, if the parties agree about who is a parent, then an agreement may be used to avoid genetic testing.
How Results Affect the Legal Proceeding
Washington law generally recognizes a high probability threshold from genetic testing as sufficient to establish a presumption of paternity, which can then be used to support a court order legally establishing the parent-child relationship. If testing excludes an alleged father, this can resolve the paternity question and shift the focus of the case accordingly.
Challenging Genetic Testing Results
In limited circumstances, a party may challenge the accuracy or validity of genetic testing results, such as questioning the chain of custody of samples or the testing methodology used. These challenges are relatively uncommon given the reliability of modern genetic testing, but they remain a legal option in appropriate cases. Ultimately, it’s up to the Court to determine whether to accept or reject genetic testing.
What Happens After Paternity Is Established
Once paternity is legally established through genetic testing and a corresponding court order, the case typically proceeds to address related issues such as a parenting plan, child support, and the allocation of decision-making authority. These are very common concepts in typical divorce and custody determinations that will flow directly after the parents agree (or court orders) that parentage is official.
Establishing paternity is often just the first step in resolving the broader legal relationship between a parent and child. Genetic testing provides a reliable and often necessary tool for resolving paternity disputes in Washington family law cases. At Magnuson Lowell, P.S., we help parents throughout Washington navigate parentage actions, including cases involving genetic testing. We offer free telephone case evaluations to discuss your situation. Call today 425-800-0572
