Washington Petition for Residential Schedule and Child Support

Petition for Residential Schedule / Parenting Plan and Child Support (Out-of-State Acknowledgment of Paternity)

I. Basis

1.1 Cause of Action

42 U.S.C. 666(a)(11) and RCW 26.26.350 require a court of this state to give Full Faith and Credit to an acknowledgment or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.

This action is brought by , for

a residential schedule/parenting plan under RCW 26.27.201

a child support order under the common law of this state

for

[Name of child], [Age], residing with [Name] in County, Washington.

[Name of child], [Age], residing with [Name] in County, Washington.

[Name of child], [Age], residing with [Name] in County, Washington.

1.2 Acknowledgment of Paternity and Denial of Paternity

is the child’s acknowledged father and is the mother of the child. Both parents signed the Acknowledgment of Paternity, which was filed with the appropriate agency of the state of on

A copy of the Acknowledgment of Paternity certified by the agency of the state of is filed with this petition.

signed a Denial of Paternity, which was filed with the appropriate agency of the state of on

A copy of the Denial of Paternity certified by the agency of the state of is filed with this petition.

1.3 Jurisdiction

The court has jurisdiction over the parties because [check all that apply]:

Respondent was personally served with summons and petition within this state.

Respondent submits to jurisdiction of this state by consent as evidenced by joinder or consent to jurisdiction signed by respondent.

Respondent resided with the child in this state.

Respondent 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 the respondent.

Other:

and the following parties are presently residing in the state of Washington:

Mother.

Acknowledged Father.

1.4 Jurisdiction Over the Child

This court has jurisdiction over the child for the reasons set forth below.

This court has exclusive continuing jurisdiction.

This state is the home state of the child because:

the child lived in Washington with a parent or 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 only been 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 continues to live in this state.

The child and the parent 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 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.

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.

No other state has jurisdiction.

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.

There is a previous custody determination ... This state’s jurisdiction over the children shall last until

There is no previous custody determination ... If an action is not filed in by the time the child has been in Washington for six months, , then Washington's jurisdiction will be final and continuing.

Other:

1.5 Child Support

Does not apply.

An order of child support regarding the child does not exist in any other state.

Support and health insurance coverage for the minor child:

has been determined administratively by the Division of Child Support and the petitioner does does not want the court to address child support.

has not been determined administratively by the Division of Child Support and the petitioner does does not want the court to address child support.

1.6 Residential Placement

Does not apply.

It is in the child’s best interests to enter the residential schedule/parenting plan proposed by

During the last five years, the child has lived:

in no place other than the state of Washington and with no person other than the declarant or a named party.

in the following places with the following persons:

Claims to custody or visitation.

I do not know of any person other than a named party who has physical custody of, or claims to have custody or visitation rights to the child.

The following persons have physical custody of, or claim to have custody or visitation rights to the child:

Involvement in any other proceeding concerning the child:

I have not been involved in any other proceeding regarding the child.

I have been involved in the following proceedings regarding the child:

Other legal proceedings concerning the child:

I do not know of any other legal proceedings concerning the child.

I know of the following legal proceedings which concern the child:

1.7 Reimbursement

Does not apply.

The state of Washington or is entitled to reimbursement for support or assistance provided to the child, for expenses incurred on behalf of the child.

1.8 Continuing Restraining Order

Does not apply.

A continuing restraining order should be entered which restrains or enjoins from disturbing the peace of .

A continuing restraining order should be entered which restrains or enjoins from going onto the grounds of or entering the home, work place or school of or the day care or school of the child.

A continuing restraining order should be entered which restrains or enjoins from knowingly coming within or knowingly remaining within of the home, work place or school of or the day care or school of the child. Other:

A continuing restraining order should be entered which restrains or enjoins from molesting, assaulting, harassing, or stalking .

1.9 Protection Order

Does not apply.

A domestic violence protection order should be entered protecting from because has committed domestic violence as defined by 26.50 RCW against .

If you need immediate protection, contact the clerk/court for RCW 26.50 Domestic Violence forms.

1.10 Other

II. Relief Requested

The court is requested to enter an order that:

determines support for the dependent child pursuant to the Washington State Support Schedule and either or both parents be ordered to maintain or provide health insurance coverage for the child and pay extraordinary uninsured costs proportionate to their income.

orders the acknowledged father mother to pay past support, medical, and other expenses incurred on behalf of the child.

adopts the residential schedule/parenting plan for the child as proposed by petitioner.

awards court costs, guardian ad litem, attorney, and other reasonable fees.

makes provision for a domestic violence protection order.

makes provision for a continuing restraining order.

other:

III. Declaration

I declare under penalty of perjury under the laws of the state of Washington that I am the petitioner hereinabove named, that I have made the allegations contained in this petition based upon my first hand knowledge, and therefore believe that they are true.

Signed at , [City] [State] on [Date].

Joinder

I, join in the petition. I understand that by joining in the petition, a decree or judgment and order may be entered in accordance with the relief requested in the petition, unless prior to the entry of the decree or judgment and order a response is filed and served.

I waive notice of entry of the decree.

I demand notice of all further proceedings in this matter. Further notice should be sent to the following address:

Any time this address changes while this action is pending, you must notify the opposing parties in writing and file an updated Confidential Information Form with the court clerk.