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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27664
Experience:  Attorney with experience in family law.
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Question: WA state. Man signed paternity but I realized he

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Question: WA state. Man signed paternity but I realized he ISNT the father. He walked out at 2 weeks after an abusive angry outburst which caused me to take baby at 2 wks old to safe place at 4am. He hasn't seen him more than 3-5 times since then. Only when I would come. Never asking. Until a week before we move. (2 weeks ago)
He has consistently been abusive around the baby and has smoked while driving around with us and left weed and guns out loaded. He has not paid for anything except $100 worth of clothes in the entire 5 months he's been alive. I've kept us away from him because of the abusive and unsafe behavior. He just filed against me saying he can't find it and I've hid (I didn't he's LYING) and requested me to have no visitation ect.
Can I file a material mistake of fact for paternity and get it revoked? My son is 5 months old. He isn't the father. And he SHOULDNT be able to take my son or be ordered to have him.
i received notice of hearing by mail.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Yes, you can seek to have the paternity acknowledgment revoked if you know that this man is not the father (or even if you think he might not be). You DO have to respond to the custody papers he filed, but you're allowed to respond that he is not the father. The request to have paternity revoked can be filed at the same time, so it goes to the same judge. You will probably have to consent to a paternity test. But once it comes back negative, then this man won't have any claim to you or your son.

The Response form is available on the court's website:

https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=34

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