Washington State like many others has a strict guideline that is meant to be followed provisioned by the federal government in all disputes of paternity, visitation, and custody. In order for these guidelines to be followed however, both parents must agree on who the paternal parent is. In many cases this is not an issue, but when it is it can become disastrous.
Just to outline some of your protected rights,
1.) Rights to visitation.
2.) Rights to custody if visitation rules are consistently ignored.
3.) Rights to sign your child into or out of school and doctors’ appointments.
4.) Right to a lawful parenting plan and the right to have this plan upheld by the courts if needed.
While these rights can be upheld, they carry no weight until paternity is established. The government loses millions of dollars each year through DSHS fraud. This is the kind of number that should not go ignored, yet it often does. Types of fraud could include failing to name a father (even though he is known), naming a different father than the real father, or in some cases claiming a separated status when the paternal parents are really together.
The issue of primary interest to new fathers should be paternity fraud, because this is often the issue that prevents your rights from being upheld. In order to gain these rights you must first prove paternity. You can contact the DSHS fraud hotline if you must. (Realize however that this will hurt your chances at having a cooperative mother) The DSHS fraud line cannot give you any information on the investigation; it is completely in their hands from the time you make a report.
Women who know how to game the system can claim that they are unsure of who the father is or place another man’s name on the birth certificate in order to prevent the fathers from gaining these rights. The only defense in this situation is to contact DCS and notify them of the error. However, sometimes this is not effective.
When contacting DCS fails the next step should be to attempt to communicate with the mother and sign an affidavit of paternity with the local department of health. (The same office you get your birth certificates from.)
If communication fails or the mother is still uncooperative, then the only option remaining is to get an attorney and sue for paternity testing. If an order for paternity testing is not followed then the mother is in contempt of court and the penalties for contempt can range from a slap on the wrist to real jail time. This is a last option because it can be very costly and may further inhibit your relationship with the mother, but it may be an absolute necessity if you are to have your rights upheld.
The mother can continue to prolong this issue as long as she may like due to the failings of the court systems. During this time she may demand child support, but refuse to place you as the father. There is no law requiring you to pay child support for a child that is not proven to be yours and you cannot be required to pay back support obligations due to DCS failings. If you have exhausted all of the above options, then this may only be the beginning of your fight, I wish you all the best.
Resources,
http://themenscenter.com/National/national06.htm
