Does a father have any legal rights if he was not married to the mother at the time of conception?
In Washington, fathers who were not married to the mother at the time of conception still have legal rights. These rights depend on whether or not the father has been legally recognized as the father of the child. Without legal recognition, the father has no right to seek custody or visitation with the child, but he may be responsible for providing financial support for the child. The father can establish paternity by completing a voluntary Acknowledgment of Paternity form or by filing a Petition to Establish Paternity with the court. Once the father has legally been recognized as the father, he will have all the same rights and responsibilities as if he were married to the mother at the time of conception. He will be responsible for providing financial support for the child, and if married to the mother, have the same rights to custody and visitation as a married father. If the father is not sure if the child is his biological child, he may request a DNA test before filing the Acknowledgement of Paternity form or Petition to Establish Paternity. This helps the father make sure he is only taking responsibility for his biological child. In the end, a father who is not married to the mother at the time of conception still has legal rights, but those rights only become active once the father is legally recognized as the father of the child.
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