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Petition to Withdraw Rescind Paternity Acknowledgment

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Judgment and Order on Rescission of Denial of Paternity Within 60 Days and Granting Other Relief

Superior Court of Washington

County of

In re Parentage:

Petitioner,

and

Respondent

and

Respondent

No.

Clerk’s action required Law Enforcement Notification Sec. III.

I. Judgment/Order Summaries

1.1 Restraining Order Summary

Does not apply. Restraining Order Summary is set forth below:

Name of person(s) restrained: . Name of person(s) protected: . See Section III.

Violation of a Restraining Order in Section III below with actual knowledge of its terms is a criminal offense under Chapter 26.50 RCW and will subject the violator to arrest. RCW 26.26.590.

1.2 Money Judgment Summary

Does not apply. Judgment Summary is set forth below:

A. Judgment creditor

B. Judgment debtor

C. Total judgment amount $

D. Principal judgment amount (back support) $

E. Interest to date of judgment $

F. Attorney fees $

G. Costs $

H. Other recovery amount $

I. Principal judgment shall bear interest at % per annum

J. Attorney fees, costs and other recovery amounts shall bear interest at % per annum

K. Attorney for judgment creditor

L. Attorney for judgment debtor

M. Other:

II. Basis

This matter has come before the court on ’s Petition for Rescission of Denial of Paternity Within 60 Days. The court considered the case record and has previously entered its Findings of Fact and Conclusions of Law.

This order affects the paternity of [Age on the date of this order].

III. Order

It is Ordered:

This proceeding to rescind the Denial of Paternity was not timely begun and is dismissed.

The Petition for Rescission of Denial of Paternity is granted and the Acknowledgment of Paternity is void.

The Petition for Rescission of Denial of Paternity is denied.

The birth certificate of the child, , shall be amended by the Washington State Registrar of Vital Statistics by removing the acknowledged father’s name from the birth certificate, by adding the presumed father to the birth certificate and by changing the child’s surname to .

is ordered to pay attorney fees and costs in the amount of $ payable to .

The parties shall comply with the Order for Protection signed by the court on this date, in this cause number. The Order for Protection signed by the court is approved and incorporated as part of this decree.

A continuing restraining order is entered as follows:

is restrained and enjoined from disturbing the peace of the other party.

is restrained and enjoined from going onto the grounds of or entering the home, work place or school of the other party, or the day care or school of the following named children:

is restrained and enjoined from knowingly coming within or knowingly remaining within [Distance] of the home, work place or school of the other party, or the day care or school of these children:

Other:

is restrained and enjoined from molesting, assaulting, harassing or stalking .

(The following firearm restrictions apply if this box is checked: Effective immediately and continuing as long as this continuing restraining order is in effect, the restrained person may not possess a firearm or ammunition. 18 U.S.C. § 922(g)(8). A violation of this federal firearms law carries a maximum possible penalty of 10 years in prison and a $250,000 fine. An exception exists for law enforcement officers and military personnel when carrying department/government-issue firearms. 18 U.S.C. § 9259a)(1).)

Other:

Violation of a Restraining Order with actual knowledge of its terms is a criminal offense under Chapter 26.50 RCW and will subject the violator to arrest. RCW 26.26.130.

Clerk’s Action. The clerk of the court shall forward a copy of this order, on or before the next judicial day, to [name of the appropriate law enforcement agency] which shall enter this order into any computer-based criminal intelligence system available in this state used by law enforcement agencies to list outstanding warrants.

Service

The restrained party or attorney appeared in court or signed this order; service of this order is not required.

The restrained party or attorney did not appear in court; service of this order is required.

Expiration

This restraining order expires on: [Month/Day/Year].

This restraining order supersedes all previous temporary restraining orders in this cause number.

Any temporary restraining order previously entered in this cause number is terminated. Clerk’s Action. The clerk of the court shall forward a copy of this order, on or before the next judicial day, to: law enforcement agency where Petitioner resides which shall enter this order into any computer-based criminal intelligence system available in this state used by law enforcement agencies to list outstanding warrants.

Full Faith and Credit

Pursuant to 18 U.S.C. § 2265, a court in any of the 50 states, the District of Columbia, Puerto Rico, any United States territory, and any tribal land within the United States shall accord full faith and credit to the order.

Dated:

Judge/Commissioner

Page 4 Signature Section

Presented by:

Signature of Party or Lawyer/WSBA No.

Print or Type Name Date

Approval required in Public Assistance Case.

The DSHS’ Division of Child Support Received Notice required by RCW 26.23.130. This order has been reviewed and approved as to:

Current Child Support

Back Child Support

Medical Support

Other:

Deputy Prosecuting Attorney/WSBA No.

Print or Type Name Date

Approved for entry:

Notice of presentation waived:

Signature of Party or Lawyer/WSBA No.

Print or Type Name Date

Signature of Party or Lawyer/WSBA No.

Print or Type Name Date

Enter text✕

What the Petition to Withdraw Rescind Paternity Acknowledgment Is

A Petition to Withdraw (Rescind) Paternity Acknowledgment is a formal filing used to undo a previously signed voluntary acknowledgment of paternity. The petition asks a court or the appropriate state agency to set aside the earlier declaration so legal parentage is corrected. Procedures, allowed grounds, and possible remedies differ by state; some jurisdictions require affidavits, evidence of fraud or mistake, or a court hearing before orders become effective. Electronic submission and signature may be permissible under federal ESIGN (15 U.S.C. ch. 96) and state UETA rules where the state allows e-filing or RON.

Why Filing a Rescission Petition Matters

Withdrawing a paternity acknowledgment clarifies legal parentage, can remove parental rights or obligations tied to the original document, and corrects public records. A successful petition can affect custody, child support, birth records, and access to benefits.

Why Filing a Rescission Petition Matters

Who Typically Prepares or Files This Petition

The petition is used by individuals and professionals who need to correct or challenge a voluntary paternity acknowledgment.

  • A parent who signed the original acknowledgment and later seeks to rescind it because of mistake or new evidence.
  • A mother or other parent requesting correction of the birth record or dispute resolution through family court.
  • Attorneys, child support agencies, or court clerks who prepare petitions or manage filings on behalf of clients or the state.

Parties should confirm local rules and consult counsel when facts or timelines are uncertain.

Primary Roles Involved

Petitioner

Typically the person who signed the original voluntary acknowledgment. The petitioner must describe why the acknowledgment should be voided and provide supporting documentation or testimony to the court or agency.

Respondent / State

May include the other parent, a child support agency, or the state vital records office. The respondent can contest the petition; the agency enforces procedural and filing requirements.

Core Elements of a Professional Rescission Petition

A complete petition combines identifying information, a clear statement of relief sought, supporting facts, and the required verification and signatures.

Case Caption

Caption identifying the court, case number (if any), parties, and the child named in the original acknowledgment; ensures the petition is filed in the correct docket.

Statement of Withdrawal

Explicit language that the petitioner seeks to withdraw or rescind the voluntary acknowledgment of paternity and the specific relief requested from the court or agency.

Grounds Alleged

Concise factual allegations supporting rescission (fraud, misrepresentation, mistake, genetic evidence); these determine whether expedited relief or evidentiary hearings will be required.

Affidavit / Evidence

Sworn statements, genetic test results, or documentary proof attached as exhibits to substantiate the petitioner's claims and support credibility.

Service & Notice

Proof that all required parties and agencies were properly served or notified, including dates and methods of service used.

Signature & Verification

Petitioner signature, date, and any notary acknowledgment or electronic-signature certification required by the filing jurisdiction.

Essential Information and Fields to Include

Petitioner Name: Full legal name
Respondent Name: Full legal name
Child Information: Full name, birthdate
Original Acknowledgment Date: MM/DD/YYYY
Grounds Summary: Short factual basis
Signature Block: Signed and dated

Key Risks and Consequences to Consider

Continuing Obligations: Potential interim support obligations
Child Support Liability: Back support disputes possible
Delay in Resolution: Processing may take months
Perjury Risk: False statements carry penalties
Court Denial: Petition may be rejected
Record Changes: Birth record amendments may be limited

Common Mistakes to Avoid When Preparing the Petition

  • Failing to attach a copy of the original acknowledgment, which can prevent the court or agency from identifying the document to be rescinded.
  • Using inconsistent names or dates between the petition and supporting documents; mismatches slow processing and may require corrective filings.
  • Neglecting required service or notice rules for the other parent and child support agencies, which can lead to dismissal for lack of jurisdiction.
  • Relying solely on mailed signatures when the jurisdiction requires notarization, witness signatures, or an in-person verification at filing.

Step-by-Step: Completing and Filing a Rescission Petition

Follow a clear sequence from evidence gathering through submission to reduce delays and preserve legal options.

  • 01
    Gather Documents: Collect birth record, acknowledgment, ID, and any genetic reports.
  • 02
    Draft Petition: State relief requested, grounds, and attach exhibits.
  • 03
    Sign & Notarize: Sign under oath; obtain notarization if required.
  • 04
    File & Serve: File with court or agency and serve all required parties.

Customizing and Completing the Petition Online

Set up a digital workflow that mirrors the paper filing steps and enforces required fields before submission.

Field Configuration
Document Source Upload PDF or DOCX; use original acknowledgment copy
Signature Type Allow e-signature or require RON/notary per state
Authentication Email verification, SMS code, or credential ID
Routing Auto-send to court clerk and opposing party

Where to File and Where Your Petition Goes

Filing destination depends on state practice: family court, county clerk, or the vital records office may each have a role.

  • Family Court: Common for contested rescissions and hearings.
  • Vital Records: Processes birth record amendments and administrative rescissions.
  • Child Support Agency: May be notified if support orders exist.
  • Court Clerk / Filing Office: Receives documents, assigns case number, and schedules hearings.

Digital Signing and Delivery Requirements

Confirm the receiving court or agency accepts electronic or remotely notarized filings before e-signing or e-filing.

  • File Formats: PDF or DOCX accepted
  • Integrations: Connect to court e-file systems or cloud storage
  • Authentication: Email, SMS, or RON as approved

Retain the signed record and audit trail; if a jurisdiction requires an original paper filing, print and submit the signed copy as instructed.

Timing and Deadlines to Check Before Filing

Time limits and windows to rescind vary by state and by whether the acknowledgment was voluntary, court-ordered, or based on fraud.

Statutory Window:

Many states impose a limited rescission period; verify local law.

Service Deadlines:

Follow state rules for how long parties have to respond.

Hearing Schedule:

Local courts set hearing dates based on docketing practices.

Record Amendment:

Vital records changes may require additional forms and time.

Appeal Period:

Orders may be subject to appeal within statutory windows.

Key Milestones from Filing to Final Order

Typical processing follows discrete stages that move a petition from filing through final disposition.

01

Preparation

Assemble documents, affidavits, and exhibits for filing.

02

Filing

Court clerk accepts petition and assigns case number.

03

Service & Response

Other parties are served and may file a response.

04

Hearing & Order

Judge decides and issues an order or denial.

How This Petition Differs from Other Paternity Filings

Compare the rescission petition to other paternity-related filings to pick the correct procedural path.

Criteria Rescind Petition Paternity Challenge
Purpose void prior acknowledgment establish or contest paternity
Typical Forum family court or vital records family court
Primary Evidence affidavit, genetic tests genetic tests, testimony
Immediate Effect court or agency order required court determination required

Comparing eSignature Vendors for Petition Filing and Submission

Use vendor pricing and capability comparisons to select an e-signature solution that meets notarization, audit trail, and HIPAA needs for legal filings.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Real-World Examples of How the Petition Is Used

These brief examples show typical fact patterns and practical outcomes for rescission petitions.

Case Study 1

A petitioner signed an acknowledgment believing paternity true

  • New genetic results contradicted that belief
  • The petition included test reports and affidavits, and the court scheduled a hearing to resolve support and record amendment issues.

Case Study 2

A parent claimed the acknowledgment was signed under duress

  • The petition alleged misrepresentation and attached supporting witness statements
  • The agency opened an administrative review and coordinated with the family court for final disposition.

Frequently Asked Questions About Rescinding a Paternity Acknowledgment

Answers to common questions about eligibility, filings, and electronic submission to help avoid procedural pitfalls.


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