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Findings Of Fact And Conclusions Of Law On Petition To Disestablish Paternity Based On Presumption 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 On Petition To Disestablish Paternity Based On Presumption, PS 17.0400, Washington Statewide, Domestic Relations
Superior Court of Washington
County of
In re the Parentage of:
No.
Petitioner,
and
Respondent,
and
Findings of Fact and
Conclusions of Law on
Petition to Disestablish
Parentage Based on
Presumption
(FNFCL)
Child(ren) over the age of 2, if applicable.
I. Basis for Findings
The findings are based upon:
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[]
[]
agreement of the parties.
an order of default signed by the court on this date or dated _______________________.
a hearing held on (date) _________________________. The following people attended:
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[]
[]
[]
[]
Petitioner
Respondent
Child
Child
Guardian ad Litem
[]
[]
[]
[]
[]
Petitioner’s Attorney
Respondent’s Attorney
Child’s Guardian ad Litem
Child’s Guardian ad Litem
Other: ________________
II. Findings of Fact
Based upon the court record, the court finds:
2.1
Notice and Personal Jurisdiction Over the Parties
All parties necessary to adjudicate the issues 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:
Findings/Concl of Law (Pt Disestabl Par) (FNFCL) – Page 1 of 5
WPF PS 17.0400 Mandatory (06/2012) – RCW 26.26.116, 26.26.500 - .630
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Jurisdiction over (Name) ______________________________(check all that apply):
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This person was personally served with a summons within this state.
This person submits to jurisdiction of this state by consent.
This person resided with the child in this state.
This person resided in this state and provided prenatal expenses or support for the child.
The child resides in this state as a result of the acts or directives of this person.
Other:
Jurisdiction over (Name) ______________________ (check all that apply):
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[]
[]
[]
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2.2
This person was personally served with summons within this state.
This person submits to jurisdiction of this state by consent.
This person resided with the child in this state.
This person resided in this state and provided prenatal expenses or support for the child.
The child resides in this state as a result of the acts or directives of this person.
Other:
Basis for Presumed Parentage
(Name) _______________________________ is the presumed parent of the child because:
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[]
[]
[]
The child was born during the marriage or registered domestic partnership or within 300
days after the end of a marriage or registered domestic partnership.
Before the child was born, this person and (name) ____________________ were in a
marriage or registered domestic partnership believing it was valid, even though it was or
could have been declared invalid by a court. The child was born during this marriage or
registered domestic partnership or within three hundred days after it ended.
After the child was born, this person and (name) _____________________ were in a
marriage or in a registered domestic partnership believing it was valid even though it was
or could have been declared invalid by a court and this person voluntarily claimed to be a
parent and:
[]
filed the claim with the state registrar of vital statistics; or
[]
agreed to be and is named as the child's parent on the child's birth certificate; or
[]
promised in a record to support the child as his or her own.
This person lived in the same household with the child and openly held out the child as
his or her own for the first two years of the child’s life.
(Name) _______________________________ is the presumed parent of the child because:
[]
[]
The child was born during the marriage or registered domestic partnership or within 300
days after the end of a marriage or registered domestic partnership.
Before the child was born, this person and (name) ____________________ were in a
marriage or registered domestic partnership believing it was valid, even though it was or
could have been declared invalid by a court. The child was born during this marriage or
registered domestic partnership or within three hundred days after it ended.
Findings/Concl of Law (Pt Disestabl Par) (FNFCL) – Page 2 of 5
WPF PS 17.0400 Mandatory (06/2012) – RCW 26.26.116, 26.26.500 - .630
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[]
[]
2.3
After the child was born, this person and (name) _____________________ were in a
marriage or in a registered domestic partnership believing it was valid even though it was
or could have been declared invalid by a court and this person voluntarily claimed to be a
parent and:
[]
filed the claim with the state registrar of vital statistics; or
[]
agreed to be and is named as the child's parent on the child's birth certificate; or
[]
promised in a record to support the child as his or her own.
This person lived in the same household with the child and openly held out the child as
his or her own for the first two years of the child’s life.
Jurisdictional Basis for Disproving the Presumption of Parentage
The court finds:
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Or
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[ ]
2.4
When the petition was filed, the child was under four years of age.
The presumed parent neither cohabited nor engaged in sexual intercourse with
(name) _____________________ during the probable time of conception, nor
held out the child as his or her own.
For the first two years of this child’s life, the presumed parent did not reside in
the same household with the child and did not openly hold out the child as his or
her own.
The Child Whose Parentage Is Affected in This Action
This action affects the parentage of:
(name) _________________________ born on (date) ___________________________.
(name) _________________________ born on (date) ___________________________.
2.5
Genetic Tests
[]
Genetic tests were not performed in this proceeding because the court determined it
would be in the best interest of the child to deny genetic testing.
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When this petition was filed, paternity genetic tests were already performed indicating
the presumed parent is excluded as the biological parent of the child. This test result was
not challenged in this proceeding.
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Genetic tests were performed in this proceeding and the results indicate that presumed
parent is excluded as the biological parent of the child.
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Genetic tests were performed in this proceeding and the results indicate that the presumed
parent is the biological parent of the child based upon a probability of parentage of
_____________ percent. The genetic test results may be expressed in probability of
paternity.
Findings/Concl of Law (Pt Disestabl Par) (FNFCL) – Page 3 of 5
WPF PS 17.0400 Mandatory (06/2012) – RCW 26.26.116, 26.26.500 - .630
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[]
2.6
Child’s Name
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[]
2.7
Other:
There is good cause to change the child’s surname to _________________________.
There is not good cause to change the child’s name.
Continuing Restraining Order
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2.8
Does not apply.
A continuing restraining order against [ ] (name) ____________________________
[ ] both parties is necessary because:
Other:
Protection Order
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[]
2.9
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.
Other
III. Conclusions of Law
3.1
Jurisdiction
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3.2
The court has jurisdiction to enter an order in this matter.
The court does not have jurisdiction to enter an order in this matter.
Disposition
The court should determine whether the parentage of the presumed parent should be
disestablished, make provision for any necessary protection orders and continuing restraining
orders, and make provision for the change of name of the child.
Findings/Concl of Law (Pt Disestabl Par) (FNFCL) – Page 4 of 5
WPF PS 17.0400 Mandatory (06/2012) – RCW 26.26.116, 26.26.500 - .630
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3.3
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
Date
_______________________________________
Print or Type Name
Date
_______________________________________
Signature of Party or Lawyer/WSBA No.
_______________________________________
Print or Type Name
Date
Findings/Concl of Law (Pt Disestabl Par) (FNFCL) – Page 5 of 5
WPF PS 17.0400 Mandatory (06/2012) – RCW 26.26.116, 26.26.500 - .630
American LegalNet, Inc.
www.FormsWorkFlow.com