What Happens If Paternity Is Disputed?

When two people cannot agree on who a child's father is, the question does not go unanswered. Washington provides a clear legal process for resolving a disputed parentage, and it is built to reach the truth while protecting the child. This topic is part of Washington paternity law.

When Agreement Breaks Down

Establishing parentage is simple when everyone agrees. A signed acknowledgment can settle it without a courtroom, and marriage often settles it automatically by presumption. But sometimes the parties do not agree. A mother may say a man is not the father when he believes he is. A man may deny being the father when the mother says he is. A child may already have a presumed parent while someone else steps forward claiming the biological connection. In each of these situations, the disagreement has to be resolved somewhere, and that somewhere is court. Related guides cover What Happens If Multiple Men Could Be the Father? and What Is Genetic Testing for Paternity?.

The Formal Path: A Proceeding to Adjudicate Parentage

Washington's answer to a disputed parentage is a specific kind of lawsuit called a proceeding to adjudicate parentage. Under RCW 26.26A.400, a proceeding may be commenced to adjudicate the parentage of a child, and except as otherwise provided in the parentage chapter, that proceeding is governed by the rules of civil procedure. In everyday language, that means the dispute is handled like other civil court cases, with formal filings, the exchange of information, and ultimately a decision by the court if the parties do not settle along the way.

The phrase "may be commenced" matters because it signals who has access to the process. The law allows a case to be started to sort out parentage, and that is the doorway through which a disputed claim travels. Once the case is open, the court has the authority and the tools to determine who the child's legal parents are, rather than leaving the family in limbo.

Evidence and the Role of Genetic Testing

A disputed parentage case usually turns on evidence, and the most decisive evidence is often genetic testing. The court does not have to take anyone's word for it. Under RCW 26.26A.310, in a proceeding to determine parentage, the court shall order the child and any other individual to submit to genetic testing when a party's sworn statement supports the request, either by alleging a reasonable possibility that the individual is the child's genetic parent or by denying parentage and stating facts showing a reasonable possibility that the individual is not the genetic parent.

This is how a factual dispute about biology gets answered. A party swears to facts making testing appropriate, the court orders it, and the results provide reliable information about the genetic relationship. The statute even handles the situation where one adult will not cooperate. Testing of the mother is not required to test the child and the alleged father, so if the mother is unavailable or declines her own test, the court may still order testing of the child and the person whose parentage is being determined. And because the order is enforceable by contempt, a party cannot simply refuse to participate without consequence.

Genetic Results Do Not Always Decide Everything

It would be a mistake to assume that a DNA result automatically ends the case. Genetics answer one question, but the law sometimes asks a broader one. When a child already has a presumed parent, someone treated as a parent because of marriage or because they held the child out as their own, the court weighs more than biology. In those contested situations, Washington law directs the court to consider the child's best interest and specific statutory factors before deciding parentage. Those factors examine the existing parent child relationship, how long it has lasted, and the harm that changing legal parentage might cause.

The result is a system that respects biology without being ruled by it in every case. A genetic parent may still prevail, but so may a presumed parent who has raised and supported the child, when severing that bond would not serve the child. The court's job is to land on the outcome that is legally sound and protective of the child, not merely the one the lab report suggests in isolation.

How a Contested Case Typically Unfolds

A disputed parentage case generally moves through recognizable stages. It begins when a party files the proceeding to adjudicate parentage. The other parties are formally notified and given the chance to respond. Genetic testing is often ordered early, since the results frequently reshape the entire dispute. The parties exchange information, and many cases resolve by agreement once the testing comes back and the legal picture becomes clear. If the case does not settle, the court hears the evidence and enters an order determining the child's legal parentage.

That final order does far more than answer an abstract question. Once parentage is adjudicated, the court can address the practical matters that follow, including a parenting plan setting a residential schedule and decision-making, and child support so the child receives the financial support the law provides. Establishing legal parentage is the foundation, and everything else for the child builds on top of it.

Protecting the Child, and Your Rights

A disputed parentage is stressful, but it is not open ended. Washington gives families a defined path: a proceeding to adjudicate parentage under RCW 26.26A.400, backed by court ordered genetic testing under RCW 26.26A.310, all guided by the child's best interest. Handled correctly, that process replaces uncertainty with a durable legal answer.

If you are facing a disputed parentage in Snohomish County, whether you are seeking to establish your rights as a father or responding to a claim against you, the Law Office of Chad Foster can help you navigate the proceeding, request the right testing, and work toward a resolution that protects both your rights and your child.