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Washington D.C. Paternity Disavowal Lawsuit
Legal Process and Proof Requirements
In Washington D.C., a paternity disavowal lawsuit allows a presumed father to challenge legal fatherhood based on DNA evidence or lack of biological ties. This guide explains the purpose, procedures, and legal timelines involved in such claims.
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1. Washington D.C. Paternity Disavowal Lawsuit: Definition and Importance
A paternity disavowal claim aims to rebut the legal presumption that a man is the father of a child born during or shortly after a marriage.
Washington D.C. Paternity Disavowal Lawsuit: When It's Needed
If a man learns that a child he legally recognized may not be biologically his, he can file a disavowal claim. This is particularly relevant when a child is born more than 300 days after a divorce or within 200 days of marriage.
Washington D.C. Paternity Disavowal Lawsuit: Legal Grounds
Under D.C. Code § 16–909, legal paternity can be rebutted with clear and convincing evidence, such as genetic testing. A presumed father must act promptly within the statutory period.
2. Washington D.C. Paternity Disavowal Lawsuit: Procedure and Timeline
To initiate a disavowal case, the petitioner must file a civil complaint in the Family Division of the Superior Court of the District of Columbia.
Washington D.C. Paternity Disavowal Lawsuit: Who Can File and Who Is Sued
Typically, the husband (or ex-husband) is the petitioner, and the mother and/or the child are named as respondents. If a parent is deceased, the Attorney General or a guardian ad litem may be appointed.
Washington D.C. Paternity Disavowal Lawsuit: Deadline to File
A presumed father must file the action within two years of discovering facts indicating non-paternity. After that, courts typically bar the claim unless fraud or duress is proven.
3. Washington D.C. Paternity Disavowal Lawsuit: Evidence and DNA Testing
DNA testing is the most decisive form of evidence. If a party refuses testing without valid reasons, the court may presume that the test would have confirmed non-paternity.
Washington D.C. Paternity Disavowal Lawsuit: Other Supporting Documents
- - Medical records confirming biological incompatibility
- Testimonies regarding lack of physical contact
- Birth timing inconsistent with marital cohabitation
4. Washington D.C. Paternity Disavowal Lawsuit: Legal Impact of Judgment
A successful disavowal removes the man from legal obligations such as child support. It also changes the child's legal status, which may affect inheritance and parental rights.
Washington D.C. Paternity Disavowal Lawsuit: Post-Judgment Steps
After judgment, the parent must file a petition with the Vital Records Division to amend the child’s birth certificate within 30 days.
5. Washington D.C. Paternity Disavowal Lawsuit: Final Considerations
Legal assistance is crucial due to the emotional sensitivity and strict procedural deadlines in paternity disavowal cases.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
