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Findings Of Fact And Conclusions Of Law Form. This is a Washington form and can be use in Domestic Relations Statewide.
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Tags: Findings Of Fact And Conclusions Of Law, PS 04.0350, Washington Statewide, Domestic Relations
Superior Court of Washington
County of
In re Parentage:
No.
Petitioner,
and
Respondent,
and
Findings of Fact and
Conclusions of Law
(Parentage)
(FNFCL)
Respondent,
and
Child(ren) over the age of 2.
I. Basis for Findings
The findings are based on:
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[]
agreement.
an order of default or partial summary judgment signed by the court on this date or dated
__________________________.
trial. The following people attended:
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[]
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[]
[]
Petitioner
[ ] Petitioner’s Attorney
Respondent (name) _____________
[ ] Respondent’s Attorney
Respondent (name) _____________
[ ] Respondent’s Attorney
Respondent (name) _____________
[ ] Respondent’s Attorney
Child (name) _________________
[ ] Child’s Guardian ad Litem
Child (name) _________________
[ ] Child’s Guardian ad Litem
Guardian ad Litem of _________________________
Attorney for [ ] GAL ___________________ [ ] child ___________________
Other:
II. Findings of Fact
Findings/Conclusions of Law (FNFCL) - Page 1 of 7
WPF PS 04.0350 Mandatory (06/2012) - CR 52; RCW 26.26.130, .625, .630
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Upon the basis of the court record, the court finds:
2.1
Notice and Basis of Personal Jurisdiction Over the Respondents
All necessary parties were served with a copy of the summons and petition and are subject to the
jurisdiction of this court.
The facts below establish personal jurisdiction over the parties listed:
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[]
[]
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2.2
(Name) _________________________ was served within the state of
Washington.
(Name) _____________________________ was served within the state of
Washington.
All parties reside within the state of Washington.
The child(ren) may have been conceived as a result of sexual intercourse that
occurred within the state of Washington.
Other:
Parentage
Petitioner
[]
is the state of Washington.
[]
is (Name) ________________________ and:
[ ] is not a parent of the child(ren). If this person was a presumed parent, the
presumption has been rebutted by sufficient evidence.
[ ] is a parent of the child(ren) (name(s))________________________________because
this person is:
[ ] a biological parent.
[ ] an adoptive parent.
[ ] is a presumed parent and the court confirms this presumption.
[ ] parent by assisted reproduction.
[ ] parent by surrogacy contract.
Respondent (Name) _____________________:
[]
is not a parent of the child(ren). If this person was a presumed parent, the presumption
has been rebutted by sufficient evidence.
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is a parent of the child(ren) (name(s))________________________________because this
person is:
[ ] a biological parent.
[ ] an adoptive parent.
[ ] is a presumed parent and the court confirms this presumption.
[ ] parent by assisted reproduction.
[ ] parent by surrogacy contract.
Respondent (Name) _____________________:
Findings/Conclusions of Law (FNFCL) - Page 2 of 7
WPF PS 04.0350 Mandatory (06/2012) - CR 52; RCW 26.26.130, .625, .630
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2.3
is not a parent of the child(ren). If this person was a presumed parent, the presumption
has been rebutted by sufficient evidence.
is a parent of the child(ren) (name(s))________________________________because this
person is:
[ ] a biological parent.
[ ] an adoptive parent.
[ ] is a presumed parent and the court confirms this presumption.
[ ] parent by assisted reproduction.
[ ] parent by surrogacy contract.
Genetic tests indicate a probability of parentage of _________________ percent for
(name) ______________________________. The genetic test results may be expressed
in probability of paternity.
(Name) _____________________________ acknowledges parentage of the child(ren).
Other:
Guardians ad Litem
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[]
(Name) __________________________________ is the guardian ad litem for
(name) ___________________________________ for the reason set out in the order
appointing guardian ad litem dated __________________________________.
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(Name) __________________________________ is the guardian ad litem for
(name) ___________________________________ for the reason set out in the order
appointing guardian ad litem dated __________________________________.
[]
(Name) __________________________________ is the guardian ad litem for
(name) ___________________________________ for the reason set out in the order
appointing guardian ad litem dated __________________________________.
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2.4
Does not apply.
(Name) __________________________________ is the guardian ad litem for
(name) ___________________________________ for the reason set out in the order
appointing guardian ad litem dated __________________________________.
Other:
Costs and Fees
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Does not apply.
There is no award of costs or fees because:
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(Name) __________________________ has the need for the payment of costs and fees
and the other party has the ability to pay these costs and fees.
Findings/Conclusions of Law (FNFCL) - Page 3 of 7
WPF PS 04.0350 Mandatory (06/2012) - CR 52; RCW 26.26.130, .625, .630
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2.5
(Name) _________________________ has incurred reasonable attorney costs and fees in
the amount of $__________.
Other:
Continuing Restraining Order
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[]
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2.6
Does not apply.
A continuing restraining order against (name) ______________________
[ ] both parties is necessary because:
Other:
Protection Order
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2.7
Does not apply.
The [ ] domestic violence [ ] antiharassment Order for Protection signed by the court on
this date or dated ______________________, is approved and incorporated as part of
these findings.
Basis of Jurisdiction Over the Child
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This court does not have jurisdiction over the child.
This court has jurisdiction over the child for the reasons set forth below:
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This court has exclusive continuing jurisdiction. The court has previously made a
child custody, parenting plan, residential schedule or visitation determination in this
matter and retains jurisdiction under RCW 26.27.211.
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This state is the home state of the child because:
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the child lived in Washington with a parent or a person acting as a parent
for at least six consecutive months immediately preceding the
commencement of this proceeding.
the child is less than six months old and has lived in Washington with a
parent or a person acting as parent since birth.
any absences from Washington have been only temporary.
Washington was the home state of the child within six months before the
commencement of this proceeding and the child is absent from the state but
a parent or person acting as a parent continued to live in this state.
The child and the parents or the child and at least one parent or person acting as a
parent have significant connection with the state other than mere physical presence,
and substantial evidence is available in this state concerning the child’s care,
protection, training and personal relationships, and
Findings/Conclusions of Law (FNFCL) - Page 4 of 7
WPF PS 04.0350 Mandatory (06/2012) - CR 52; RCW 26.26.130, .625, .630
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the child has no home state elsewhere.
the child’s home state has declined to exercise jurisdiction on the ground
that this state is the more appropriate forum under RCW 26.27.261 or .271.
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All courts in the child's home state have declined to exercise jurisdiction on the
ground that a court of this state is the more appropriate forum to determine the
custody of the child under RCW 26.27.261 or .271.
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No other state has jurisdiction.
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This court has temporary emergency jurisdiction over this proceeding because the
child is present in this state and the child has been abandoned or it is necessary in
an emergency to protect the child because the child, or a sibling or parent of the
child is subjected to or threatened with abuse. RCW 26.27.231.
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2.8
There is a previous custody determination that is entitled to be enforced
under this chapter or a child custody proceeding has been commenced in
a court of a state having jurisdiction under RCW 26.27.201 through
26.27.221. The requirements of RCW 26.27.231(3) apply to this matter.
This state’s jurisdiction over the children shall last until
(date) _______________________________.
There is no previous custody determination that is entitled to be enforced
under this chapter and a child custody proceeding has not been
commenced in a court of a state having jurisdiction under RCW
26.27.201 through 26.27.221. If an action is not filed in (potential home
state) _____________________ by the time the child has been in
Washington for six months, (date) ___________________, then
Washington's jurisdiction will be final and continuing.
Other:
Residential Schedule/Parenting Plan
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No party requested a parenting plan. The child should be placed with
(name) _________________ because this parent has been the primary residential parent.
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The parent(s) (name(s)) __________________________________ should have
residential time with the child(ren).
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The residential schedule/parenting plan signed by the court on this date or
dated _____________________, is approved and incorporated as part of these
findings.
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This residential schedule/parenting plan is the result of an agreement of the
parties.
The parent(s) (name(s)) __________________________________should not have
residential time with the child(ren) because:
[]
Findings/Conclusions of Law (FNFCL) - Page 5 of 7
WPF PS 04.0350 Mandatory (06/2012) - CR 52; RCW 26.26.130, .625, .630
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2.9
Child Support
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2.10
Other:
Does not apply.
There are children in need of support and child support should be set pursuant to the
Washington State child support statutes. The Order of Child Support signed by the court
on this date or dated _________________________, the child support worksheets, which
have been approved by the court, are incorporated by reference in these findings.
Other:
Other
III. Conclusions of Law
The court makes the following conclusions of law from the foregoing findings of fact:
3.1
Jurisdiction
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3.2
The court has jurisdiction to enter an order in this matter.
Other:
Disposition
The court shall determine the parentage of the child, make provision for a residential
schedule/parenting plan for the child, make provision for the past and current support of the child;
and make provision for costs including birth costs, genetic test costs, Guardian ad Litem fees,
health insurance costs and attorney fees.
3.3
Continuing Restraining Order
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Does not apply.
A continuing restraining order should be entered.
Findings/Conclusions of Law (FNFCL) - Page 6 of 7
WPF PS 04.0350 Mandatory (06/2012) - CR 52; RCW 26.26.130, .625, .630
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3.4
Protection Order
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3.5
Other Parties
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3.6
Does not apply.
A domestic violence protection order should be entered.
An antiharassment protection order should be entered.
Does not apply.
(Name) ______________________________ shall be dismissed from this action.
Other:
Other
Dated:
Judge/Commissioner
Presented by:
Approved for entry:
Notice of presentation waived:
Signature of Party or Lawyer/WSBA No.
Signature of Party or Lawyer/WSBA No.
Print or Type Name
Print or Type Name
Date
Date
Signature of Party or Lawyer/WSBA No.
Print or Type Name
Date
Findings/Conclusions of Law (FNFCL) - Page 7 of 7
WPF PS 04.0350 Mandatory (06/2012) - CR 52; RCW 26.26.130, .625, .630
American LegalNet, Inc.
www.FormsWorkFlow.com