S-2002.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5507

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senator Kastama)

READ FIRST TIME 03/05/01.

Establishing parenting plans or residential schedules for parents who have acknowledged paternity.

    AN ACT Relating to establishing parenting plans or residential schedules for parents who have voluntarily acknowledged paternity; and adding a new section to chapter 26.26 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 26.26 RCW to read as follows:

    (1) Without appointing a guardian ad litem on the issue of parentage, after the period for rescission of an acknowledgment of paternity in RCW 26.26.040(1)(e) has passed, a parent executing an acknowledgment of paternity of the child named therein may commence an adjudicative proceeding for:

    (a) Making residential provisions or a parenting plan with regard to the minor child on the same basis as provided in chapter 26.09 RCW and subject to subsection (3) of this section; or

    (b) Establishing a child support obligation under chapter 26.19 RCW and maintaining health insurance coverage under RCW 26.09.105.

    (2) Pursuant to RCW 26.09.010(3), a proceeding authorized by this section shall be entitled "In re the parenting and support of...."

    (3) The petitioner must specifically allege under oath, to the best of the petitioner's knowledge, that:  (a) No man other than the man who executed the acknowledgment of paternity is presumed to be the natural father of the child under RCW 26.26.040; (b) there is not currently pending a parentage action involving the child or a court order naming another man as the child's father; and (c) the petitioner has provided notice of the proceeding to any other men who have claimed parentage of the child.  Should the respondent or any other person appearing in the action deny the allegations, a permanent parenting plan or residential schedule may not be entered for the child without the matter being converted to a parentage action and a guardian ad litem being appointed for the child.  A copy of the acknowledgment of paternity must be filed with the petition or response.  The court may convert the matter to a parentage action on its own motion.

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