Washington State Child Custody Laws: Unmarried Parents

Though divorce isn’t necessary to end a relationship where marriage hasn’t been involved, the way that parenting rights sometimes have to be negotiated after an unmarried couple separates in Washington bears some similarity to legal processes that people traditionally associate with divorce proceedings. For a quick overview of your rights and options, watch our short video below on pertinent Washington State child custody laws. Unmarried parents will find that they have more or less the same rights as married parents, but the path to protecting these rights can look a little different for unmarried parents, especially fathers.

In Washington State, parenting rights are not only for those who have been married. Unmarried parents who separate before or after the birth of a child have virtually the same legal opportunities and responsibilities around child custody, visitation, and child support that married parents have in cases of divorce.

In Washington State, when two parents have a child without getting married, custody defaults to the mother of the child automatically. This leaves us asking, “what are an unmarried father’s rights in Washington State?” Unmarried fathers can have all the parenting rights of married fathers if they go through the extra step of establishing paternity. If both parents’ names are on the child’s birth certificate, the father already has established paternity. With paternity established, we can proceed toward creating a parenting plan that will be in the best interest of your child or children.

If you’re name isn’t on the birth certificate and you have an amicable relationship with the child’s mother, it may be possible to sign a paternity affidavit (also sometimes called Paternity Acknowledgement) stating that you are the child’s father. In this affidavit you and your former partner will swear under penalty of perjury that the person named on the form as the father is the only possible father.

In the event that this route isn’t open to you, you can go through the courts to bring a paternity action, also called a parentage petition. Court-ordered DNA testing will be used to determine if you are the child’s father. After paternity is established, the path should be clear to pursue all of your parental rights and responsibilities.

Either parent can bring a paternity action and might do so for a variety of reasons. For example, sometimes mothers will initiate a paternity proceeding to ensure that she can seek child support.

At Helland Law Group, our attorneys have the experience necessary to help guide you through the legal maze associated with trying to establish paternity, parenting plans, and child support.