RCW 26.26A.430 - .460
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FL Parentage 301
Petition to De cide Parentage
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Superior Court of Washington, County of
In re parentage:
Petitioner (person who started this case) :
And Respondents:
( parent / presumed parent / possible genetic parent)
No.
Petition to Decide Parentage
(PTDTP)
Petition to Decide Parentage
Use this form to ask the court to
• decide if a possible genetic parent is a legal parent
• disprove a presumed parent as a legal parent
• confirm a presumed parent is a legal parent
• challenge an Acknowledgment or Denial of Parentage
• confirm an intended parent by assisted reproduction (not surrogacy)
Parentage
1. Petitioner asks the court to decide who are the legal parent/s of the child listed below .
2 . Child
Child’s name (first, middle, last) Born (month/day/year) Lives in (county and state)
Important! Don’t list more than one child unless they have all the same parents or possible parents. If they
have ( or may ) have different parents, fill out a separate Petition for each child. If multiple children are listed,
change “child” to “children” on this form as needed .
RCW 26.26A.430 - .460
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3. Petitioner
Petitioner’s Name (first, middle, last) Lives in (county and state)
Petitioner’s relationship to child (check one):
[ ] Birth Parent – I am this child’s parent because I gave birth to the child.
[ ] Possible Genetic Parent – I may be this child’s parent because I had sex with the
child’s birth parent between (starting and ending dates) :
when the child was likely conceived.
[ ] Presumed Parent ( by marriage, domestic partnership, or holding out) – I am
presumed by law to be this child’s parent because:
[ ] I was married to or registered domestic partners with the birth parent
(name) : when the child was born, or
within the 300 days before the child was born.
[ ] I believed I was in a valid marriage or register ed domestic partnership with the
birth parent (name) : when the child was born, or
within the 300 days before the child was born, even though the marriage or
partnership was or could have been invalidated by a court.
[ ] After the child was born, I marri ed or became registered domestic partners with
the birth parent (name): (or believed my
marriage or partnership was valid, even if it was or could have been
invalidated). I willingly said I was the child’s parent and I (check at least one) :
[ ] agreed to be and am listed as the parent on the child’s birth record.
[ ] filed a statement (assertion) claiming that I was the child’s parent with the
state r egistrar of v ital statistics.
[ ] I lived in the same home as the child and openly held him/her out as my own
child for the first 4 years of the child’s life. (List examples that show how you
treated this child as if s/he were your own .)
[ ] Acknowledged Parent – I am this child’s parent because I signed an
Acknowledgment of Parentage that was f iled with the state registrar o f vital statistics .
[ ] Person who signed a Denial of Parentage – I am not a legal parent of this child now
because I signed a Denial of Parentage that was filed with the state registrar o f vital
statistics along with an Ack nowledgment of Parentage that said someone else was the
child’s parent. I am filing this case to challenge that Denial and become a legal parent
again.
[ ] Intended Parent by Assisted Reproduction – I am this child’s parent because I
consented to assis ted reproduction with Respondent with the intent that we both be
parents.
RCW 26.26A.430 - .460
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4. Respondent /s
Important! You must name any one who is already a parent and anyone whose parentage you’re asking the
court to decide. This includes a person who:
gave birth to the child (except as a surrogate) .
is a possible genetic parent (if you are asking the court to make a decision about this person) .
is a parent by court order (from a parentage , divorce, or adoption case ).
is presumed to be a parent because the child was born during a marriage or state registered
domestic partnership or within 300 days after the marriage or domestic partnership ended.
is presumed to be a parent because s/he lived in the same household with the child for the first
four years of the child’s life , including any period of temporary absence, and openly held out the
child as his/her child. (See RCW 26.26A.115(b).)
signed an Acknowledgment of Parentage .
signed a Denial of Parentage ( if you are challenging the Denial or related A cknowledgment).
conse nted to assisted reproduction with the intent to be a parent.
Parents do not include any person who a court has ordered is not a parent.
Respondent’s Name (first, middle, last) Lives in (county and state)
Respondent’s r elationship to child ( for each Respondent , write their name in the
category below that applies ):
[ ] Birth Parent – ( Respondent’s name) is this
child’s parent because she gave birth to the child.
[ ] Possible Genetic Parent/s –
( Respondent’s name/s )
may be a parent because the birth parent had sex with this person (or these people)
between (starting and ending dates) :
when this child was likely conceived.
[ ] Adjudicated Parent – ( Respondent’s name)
was found to be a parent in a court order, including parentage, divorce, and adoption.
[ ] Presumed Parent ( by marriage, domestic partnership, or holding out) –
( Respondent’s name) is a presumed
parent because (check all that apply) :
[ ] this person and the birth parent were married or in a registered domestic
partnership when this child was born, or within the 300 days before this child
was born.
[ ] this person and the birth parent believed they were in a valid marriage or
registered domestic partnership when this child was born , or within the 300
days before this child was born, even though the marriage or partnership was
(or could have been) invalidated by a court.
[ ] after this child was born, this person and the birth parent married or became
registered domestic partners (or believed their marriage or partnership was
RCW 26.26A.430 - .460
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valid, even if it was or could have been invalidated). This person willingly said
s/he is this child’s parent and (check all that apply):
[ ] Agreed to be and is listed as the parent on this child’s birth record.
[ ] Filed a statement claiming s/he was this child’s parent with the state
r egistrar of v ital statistics.
[ ] this person lived in the same household as the child for the first 4 years of the
child’s life, including any periods of temporary absence, and openly held out
the chi ld as his/her own child. (List examples that show how this person treated
this child as if s/he were the parent .) :
[ ] Acknowledged Parent – ( Respondent’s name)
signed an Acknowledgment of Parentage that was filed with the state registrar o f vit al
statistics .
[ ] P erson who signed a Denial of Parentage – ( Respondent’s name)
signed a Denial of Parentage that was
filed with the state registrar o f vital statistics along with an Acknowledgment of
Parentage that said someone else was the child’s parent.
Important! You must include this person in this case if you are challenging a Denial
of Parentage or an Acknowledgment of Parentage that included a Denial.
[ ] Intended Parent by Assisted Reproduction – ( Respondent’s name)
consented to assisted reproduction
with the intent that we both be parents .
5 . Personal Jurisdiction
Fill out below to say if a Washington state court has personal jurisdiction (authority to
make decisions) over each Respondent. (Add columns if needed for more Respondents.)
Basis for Personal Jurisdiction
(check all that apply) Respondent’s Name:
Other Respondent’s Name:
Will be served in Washington
[ ] [ ]
Lives in Washington now [ ] [ ]
Lived in Washington with child [ ] [ ]
Lived in Washington and paid
pregnancy costs or support for child [ ]
[ ]
Caused child to live in Washington [ ] [ ]
Had sex in Washington that may have
produced the child [ ]
[ ]
Agrees to Washington deciding [ ] [ ]
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Basis for Personal Jurisdiction
(check all that apply) Respondent’s Name:
Other Respondent’s Name:
None of the above [ ] [ ]
6. Correct County (Ve nue)
This is the correct county for this case to be heard because this is where:
[ ] The child lives or is located.
[ ] The Respondent (name): lives or is
located, if the child lives outside Washington.
[ ] A probate case has been filed for a pers on whose parentage will be decided.
7. Genetic Testing
[ ] I ask the court to decide parentage based on genetic testing. (Check one):
[ ] I will file a motion for genetic testing.
[ ] Genetic testing has already been done.
[ ] I do not want t he court to use genetic testing to decide parentage.
[ ] If genetic testing shows I am not the child’s parent, I intend to claim I am a De Facto
Parent. I will file a Petition for De Facto Parentage, FL Parentage 341.
8. Presumed Parent , if any ( by ma rriage, domestic partnership, or holding out)
[ ] Does not apply – To my knowledge, no one is already presumed to be a parent by
marriage, domestic partnership, or holding out.
[ ] Disprove Presumed Parent – (Name) : is a
presumed parent by marriage or domestic partnership. I ask the court to order that
this person is not a parent.
Deadline – I am starting this case before the legal deadline because I am filing or
serving this petition (check all that apply ):
[ ] on or befo re the child’s 4
th birthday.
[ ] after the child’s 4
th birthday, and the presumed parent:
is not a genetic parent,
never lived with the child, and
never held out the child as his/her own.
[ ] after the child’s 4
th birthday , and the child has more than one presumed parent.
[ ] Confirm Presumed Parent – (Name): is a presumed
parent by marriage, domestic partnership, or holding out . I ask the court to order that
this person is confirm ed as a legal parent if (check all that apply) :
[ ] no one in this case says the presumed parent should not be a parent.
[ ] genetic testing shows the presumed parent is the genetic parent.
[ ] it is in the child’s best interest, even if the presumed parent is not the genetic
parent.
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[ ] No Change – (Name): is a presumed parent by
marriage, do mestic partnership, or holding out, but I am not asking the court to make
an order about their status as a parent.
[ ] Other (specify):
9. Challenge to Acknowledgment or Denial of Parentage by person who signed
[ ] Does not apply .
[ ] Challenge by person who signed – I ask the court to invalidate the Acknowledgment
or Denial of Parentage that I signed about the child.
I am filing a copy of the Acknowledgment and/or Denial of Parentage with this Petition
under a sealed cover sheet (form FL Parentage 329).
Warning! If there is both an Acknowledgment and Denial of Parentage, invalidating one will cancel both.
Deadline – I am starting this case before the legal deadline, which is within 4 years of
the child’s birth or the date an Acknowledgement of Parentage was filed, whichever
happened later .
Reason/s for challenge – I signed t he Acknowledgment or Denial of Parentage
because of (check all that apply):
[ ] fraud [ ] duress (pressure or force) [ ] material mistake of fact .
(Describe the fraud, duress, or mistake .):
10. Challenge by Person not included in Acknowledgment or Court Decision
[ ] Does not apply .
[ ] Challenge by:
[ ] Person not included in an Acknowledgment of Parentage – The
Respondents signed an Acknowledgm ent and/or Denial of Parentage for this
child that was filed with the state registrar of vital statistics. I did not sign that
Acknowledgment or Denial of Parentage. I believe I am this child’s parent.
Deadline – I am starting this case before the lega l deadline, which is within 4
years of the child’s birth or the date an Acknowledgement of Parentage was
filed , whichever happened later .
[ ] Person not included in a court decision – A court has already decided that
Respondents are the parents of this child. I was not a party to that court case
and received no notice about that court case. I believe I am this child’s parent.
RCW 26.26A.430 - .460
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Deadline – I am filing or serving this petition before the legal deadline, which is
within four years of the date a court decided parentage.
Request to go forward – I ask the court to allow this case to go forward because it is in
the best interest of the child.
Important! Petitioner must file a Motion to Permit Proceeding (by a person not included in the
Acknowledgment or Court Decision) form FL Parentage 304. If the court does not find that it is in the
child’s best interest to proceed, the petition must be dismissed.
Parentage request – If genetic testing shows that I am a biological parent, I ask the court
to order that I am a legal parent and (check one):
[ ] (N ame) is not a legal parent.
[ ] not change the status of the Respondents who are already legal parents (so
the child will have more than two parents).
11. A ssisted Reproduction (not surrogacy)
[ ] Does not apply – To my knowledge, the child was not conceived by assisted
reproduction.
[ ] Intended parent – (Respondent name): and I are the
intended parents of a child conceived by assisted reproduction. I ask the court to
order that we are legal parents .
Proof that we both consent ed to be parents by assisted reproduction is (check one):
[ ] in writing. We signed an agreement or record on (date):
consenting to the assisted reproduction with the intent to become parents.
[ ] not in writing. Howev er, (check all that apply):
[ ] we had an express agreement before conception that we would be parents of
the child.
[ ] we lived together with the child, holding the child out as our child, for the first
four years of the child’s life or until one of us died or became incapacitated.
12. Birth Record
[ ] No request to change birth records.
[ ] Parent s Listed: I ask the court to change the parents listed on the child’s birth record
based on the parentage decision in this case.
[ ] Child’s Name: I ask the court to change the child’s name in the birth record to:
,
because (explain why):
.
13. Other children together
[ ] Does not apply.
RCW 26.26A.430 - .460
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Petition to De cide Parentage
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[ ] Petitioner and Respondent have other children together for whom parentage has
already been decided, but no Parenting Plan or custody order is in place. (Fill out
below.)
Child’s name
(first, middle, last) Born
(month/day/year) Lives in
(county and state) How was parentage decided?
(Acknowledgment or Court Order?)
Petitioner asks the cour t to approve child support, parenting plan, and/or other orders as
requested below for all the children Petitioner and Respondent have together.
Complete the rest of this form for all the children, not just for the child listed in section 1 whose
parentage is being decided. Change “child” to “children” as needed.
Child Support
14. Child Support
The child has a right to child support (including medical support) from the legal parents
according to state law. The court will order child support unless al l parents are living together
with the child or there is already an administrative order set by the Division of Child Support.
[ ] I ask the court to stop (name ’s)
child support obligation if the court decides they are not a parent.
To suspend child s upport before this case is finished , a party must file a motion and show good cause.
15. Past support and repayment of specific expenses
[ ] No request.
[ ] Past Support – The state of Washington or (name):
has provided support to the child and has the right to receive up to five years of past
child support according to the Washington State Child Support Schedule.
[ ] Specific Expenses – The state of Washington or (name):
has incurred expenses for pregnancy and childbirth or provided other s ervices to the
child and has the right to be repaid (check one):
[ ] (amount): $ . [ ] an amount to be proven later.
Parenting Plan / Residential Schedule
Check one:
[ ] I am not asking the court to make any orders about parenting or residential time .
(Skip sections 16 – 20 .)
[ ] I am asking the court to make orders about parenting or residential time.
( Complete sections 16 – 20.)
16. Child ’s Home/s
During the past 5 years has the child lived:
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on an Indian reservation,
outside Washington state,
in a foreign country, or
with anyone who is not a party to this case?
[ ] No. (Skip to
17. )
[ ] Yes. (Fill out below to show where the child has lived during the last 5 years.)
Dates Lived with
In which state, Indian
reservation, or foreign count ry
From:
To: [ ] Petitioner
[ ] Resp. (name /s):
[ ] Other (name/s):
From:
To: [ ] Petitioner
[ ] Resp. (name /s):
[ ] Other (name/s):
From:
To:
[ ] Petitioner [ ] Resp. (name /s):
[ ] Other (name/s):
From:
To: [ ] Petitioner
[ ] Resp. (name /s):
[ ] Other (name/s):
From:
To: [ ] Petitioner
[ ] Resp. (name /s):
[ ] Other (name/s):
17. Other people with a legal right to spend time with the child
Do you know of anyone besides yourself and Respondent /s who has or claims to have a
legal right to spend time w ith the child ?
[ ] No.
[ ] Yes. (Name/s) has or claims to have
a legal right to spend time with this child because:
18. Other court cases involving the child
Do you know of any court cases involvi ng the child?
(Check one): [ ] No. (Skip to
19. ) [ ] Yes. (Fill out below.)
Kind of case
(Family Law, Criminal, Protection
Order, Juvenile, Dependency, Other)
County and State Case number and year
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Kind of case
(Family Law, Criminal, Protection
Order, Juvenile, Dependency, Other)
County and State Case number and year
Important! If there is an open dependency case about this child, you must give a copy of this Petition to the
Department of Children, Youth, and Families.
19. Jurisdiction over the child (RCW 26.27.201 – .221, .231, .261, .271)
[ ] The court can decide a Parenting Plan or Residential Schedule for the child and decide
who the child should live with most of the time because:
[ ] Exclusive, continuing jurisdiction – A Washington court has already made a
custody order or parenting plan for the child, and the court still has authority to
make other orders for the child.
[ ] Home state jurisdiction – Washington is the child ’s home state because
(check all that apply):
[ ] The child lived in Washington with a parent or someone acting as a parent for
at least the 6 months just before this case was filed, or if the child is less than
6 months old, the child has lived in Washington with a parent or someone
acting as a parent since birth.
[ ] There were times the child was not in Washington in the 6 months just
before this case was filed (or since birth if the child is less than 6
months old), but those were temporary absences.
[ ] The child does not live in Washington right now, but Washington was the
child ’s home state sometime in the 6 months just before this case was filed,
and a parent or someone acting as a parent of the child still lives in
Washington.
[ ] The child does not have another home state.
[ ] No home state or home state declined – No court of any other state (or tribe)
has the jurisdiction to make decisions for the child o r a court in the child ’s home
state (or tribe) decided it is better to have this case in Washington and:
The child and a parent or someone acting as a parent have ties to
Washington beyond just living here; and
There is a lot of information (substantial ev idence) about the child’s care,
protection, education, and relationships in this state.
[ ] Other state declined – The courts in other states (or tribes) that might be the child’s
home state have refused to take this case because it is better to have this case in
Washington.
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[ ] Temporary emergency jurisdiction – The court can make decisions for the child
because the child is in this state now and was abandoned here or needs
emergency protection because the child (or the child’s parent, brother , or sister )
was abused or threatened with abuse. ( Check one):
[ ] A custody case involving the child was filed in the child ’s home state (name
of state or tribe): . Washington
should take temporary emergency jurisdiction over the child until the
Petitioner can g et a court order from the child ’s home state (or tribe).
[ ] There is no valid custody order or open custody case in the child ’s home
state (name of state or tribe): . If no case is
filed in the child ’s home state (or tribe) by the time the child has been in
Washington for 6 months, (date): , Washington
should have final jurisdiction over the child .
[ ] Other reason (specify): [ ]
[ ] The court cannot decide a Parenting Plan or Residential Schedule for the child or
decide who the child should live with most of the time because the court does not have
jurisdiction over the child .
20. Parenting Plan or Residential Schedule
The child currently live s with (name/s): .
[ ] I ask the court for a Parenting Plan or Residential Schedule. I will file and serve my
proposed Parenting Plan (FL All Family 140) or Residential Schedule (FL Parentage
304) with this Petition or in the future.
[ ] I am not asking the court for a Parenting Plan or Residential Schedule.
Warning! If the parents are not living to gether, the court may decide who the child will live with most of the
time even if no parent requests a Parenting Plan or Residential Schedule. That decision will affect all
parents’ rights.
Other Requests
21. Protection Order
Do you want the court t o issue an Order for Protection as part of the final orders in this
case?
[ ] No. I do not want an Order for Protection.
[ ] Yes. (You must file a Petition for Order for Protection, form DV -1.015 for domestic
violence, or form UHST- 02.0200 for harassment. You may file your Petition for Order
for Protection using the same case number assigned to this case.)
Important! If you need protection now , ask the court clerk about getting a Temporary Order for Protection.
[ ] There already is an Order for Protection between (name):
and me. (Describe below. Attach a copy if you have one. ):
Court that issued the order:
Case number:
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Expiration date:
22. Restraining Order
Do you want the court to issue a Restraining Order as part of the final orders in this case ?
[ ] No. (Skip to
23 .)
[ ] Yes. Check the type of orders you want:
[ ] Do not disturb – Order ( name/s ) not to
disturb my peace or the peace of the child.
[ ] Stay away – Order ( name/s ) not to go
onto the grounds of or enter my ho me, workplace, or school, and the child’s
daycare or school.
[ ] Also, not knowingly to go or stay within feet of my home, workplace,
or school, or the child’s daycare or school.
[ ] Do not hurt or threaten – Order (name/s ) :
Not to assault, harass, stalk or molest me or the child; and
Not to use, try to use, or threaten to use physical force against me or the child
that would reasonably be expected to cause bodily injury.
Warning! If the court makes this order, the court must consider if weapons restrictions are required by
state law; federal law may also prohibit the Restrained Person from possessing firearms or ammunition.
[ ] Prohibit weapons and order surrender – Order ( name/s ) :
Not to access, possess, or obtain any firearms, other dang erous weapons, or
concealed pistol licenses until the Order ends, and
To immediately surrender any firearms, other dangerous weapons, and any
concealed pistol licenses that he/she possesses t o (check one):
[ ] the police
chief or sheriff.
[ ] h is/he r lawyer. [ ] other person (name): .
[ ] Other orders:
Important! If you want a restraining order now , you must file a Motion for Temporary Family Law Order
and Restraining Order (form FL Parentage 323) or a Motion for Immediate Restraining O rder (Ex Parte)
(FL Parentage 321).
23. Fees and Costs
[ ] Does not apply.
[ ] I ask the court to order the Respondent (name/s):
to pay filing fees, reasonable lawyer fees, fees for genetic
testing, other costs, and necessary travel and other reasonable expenses .
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24. Other (if any)
Petitioner fills out below:
I declare under penalty of perjury under the laws of the state of Washington that the facts I have
provided on this form are true.
Signed at (city and state): Date:
Petitioner signs here Print name
Petitioner’s lawyer (if any) fills out below:
Petitioner’s lawyer signs here Print name and WSBA No. Date
[ ] Respondent fills out below if s/he agrees to join this Petition:
I, (name): , agree to join this Petition. I understand
that if I fill out and sign below, the court may approve the requests listed in this Petition
unless I file and serve a Response before the court signs final orders. (Check one):
[ ] I do not need to be notified about the court’s hearings or dec isions in this case.
[ ] I ask the Petitioner to notify me about any hearings in this case. (List an address where you
agree to accept legal documents. This may be a lawyer’s address or any other address.)
address city state zip
(If this address changes before the case ends, you must notify all parties and the court clerk in writing.
You may use the Notice of Address Change form (FL All Family 120). You must also update your
Confidential Information Form (FL All Family 001) .)
Respondent signs here Print name Date
[ ] Other Respondent fills out below if s/he agrees to join this Petition:
I, (name): , agree to join this Petition. I understand
that if I fill out and sign below, the court may approve the requests listed in this Petition
unless I file and serve a Response before the court signs final orders. (Check one):
[ ] I do not need to be notified about the court’s hearings or decisions in this case.
[ ] I ask the Petitioner to notify me about any hearings in this case. (List an address where you
agree to accept legal documents. This may be a lawyer’s address or any other address.)
address city state zip
(If this address changes before the case ends, you must notify all parties and the court clerk in writing.
You may use the Notice of Address Change form (FL All Family 120). You must also update your
Confidential Information Form (FL All Family 001) .)
Other Respondent signs here Print name Date
