Paternity / Parentage Petition Packet

ALASKA PATERNITY / PARENTAGE PETITION + ESTABLISHMENT ORDER FILING PACKET

PART 1 — PRE-PETITION FACTUAL CHECKLIST

A. Child Information

☐ Child's full legal name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Place of birth (city / state): [________________________________]
☐ Current residence (last 6 months): [________________________________]
☐ Child is currently subject to another court order (custody, CINA, CSSD): ☐ Yes ☐ No
☐ If yes, case number and tribunal: [________________________________]

B. Mother

☐ Full legal name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Current address: [________________________________]
☐ Marital status at conception/birth: ☐ Single ☐ Married ☐ Separated ☐ Divorced (date final: [__/__/____])
☐ Name of spouse at conception or birth, if any: [________________________________]

C. Putative / Alleged Father

☐ Full legal name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Current address: [________________________________]

D. Existing Acknowledgment of Paternity (AS 18.50.165 / AS 25.20.050)

☐ An Acknowledgment of Paternity has been signed and filed with the Bureau of Vital Statistics: ☐ Yes ☐ No
☐ If yes, date signed: [__/__/____]
☐ The father's name appears on the child's birth certificate: ☐ Yes ☐ No

E. CSSD / Administrative Status

☐ CSSD has an open paternity or support case for this child: ☐ Yes (Case #: [____________]) ☐ No
☐ Public assistance (Alaska Temporary Assistance) is or was received for the child: ☐ Yes ☐ No

F. Genetic Testing Status (AS 25.20.050(d))

☐ Genetic testing has been completed: ☐ Yes (date: [__/__/____], probability: [____]%) ☐ No
☐ Lab name: [________________________________]
☐ Petitioner requests court-ordered genetic testing: ☐ Yes ☐ No

G. ICWA / Tribal Considerations

☐ The child is or may be an "Indian child" under ICWA (25 U.S.C. § 1903): ☐ Yes ☐ No ☐ Unknown
☐ Tribe(s) / source of information: [________________________________]

PART 2 — COURT CAPTION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[____________________] JUDICIAL DISTRICT AT [____________________]

Case No.: [________________________] CI

PART 3 — PETITION TO ESTABLISH PATERNITY / PARENTAGE

Cite: AS 25.20.050, AS 25.20.060, AS 25.24.150, Alaska R. Civ. P. 90.3

Petitioner alleges:

1. Jurisdiction and Venue. This Court has jurisdiction under AS 25.20.060 and AS 25.24 because the child resides or is present in Alaska, and venue is proper in this judicial district because [________________________________].

2. UCCJEA. Petitioner has filed (or files concurrently) a Child Custody Jurisdiction Affidavit under the UCCJEA (AS 25.30) listing the child's residences for the past five years.

3. Parties. Petitioner is [________________________________], residing at [________________________________]. Respondent is [________________________________], residing at [________________________________].

4. Subject Child. The child whose parentage is to be established is [________________________________], born [__/__/____] in [____________________].

5. Allegations of Parentage — Check ALL Applicable:

☐ (a) Genetic / Biological Parentage. Petitioner alleges that Respondent (or Petitioner) is the genetic parent of the child. The mother and the putative father had sexual contact that could have resulted in the conception of the child during the probable period of conception.

☐ (b) Existing Acknowledgment. The parties signed an Acknowledgment of Paternity under AS 18.50.165 / AS 25.20.050 on [__/__/____]; Petitioner seeks a confirmatory order and related relief.

☐ (c) Genetic Test Results. Genetic testing dated [__/__/____] reflects a probability of parentage of [____]% (attached as Exhibit "A"). A result of 95% or higher creates a presumption of parentage under AS 25.20.050(d).

☐ (d) Request for Court-Ordered Genetic Testing. Parentage is contested or unestablished; Petitioner requests that the Court order the mother, child, and putative father to submit to genetic testing under AS 25.20.050(e).

6. No Adverse Adjudication. No prior court or administrative order establishing parentage of this child by another person exists, except: [________________________________]

7. Best Interests / Relief. Establishing parentage and orders for custody, parenting time, and support is in the best interests of the child (AS 25.20.090, AS 25.24.150).

8. Requested Relief. Petitioner requests that the Court:
a. Adjudge [Petitioner/Respondent] the legal parent of the child;
b. Order genetic testing under AS 25.20.050(e) if requested;
c. Order the Bureau of Vital Statistics to amend the child's birth certificate to reflect the adjudicated parent (AS 25.20.050(b)-(c); AS 18.50.165);
d. Award legal and physical custody and parenting time consistent with the child's best interests (AS 25.20.090; AS 25.24.150);
e. Order child support pursuant to Alaska R. Civ. P. 90.3;
f. Award costs of genetic testing under AS 25.20.050(f) where appropriate;
g. Grant such other relief as the Court deems just.

Date: [__/__/____]

Petitioner's Signature: [________________________________]

PART 4 — VERIFICATION

State of Alaska, [____________________] Judicial District

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action, that I have read the foregoing Petition, and that the matters stated are true to the best of my knowledge, information, and belief.

Petitioner's Signature: [________________________________]

Subscribed and sworn to before me on [__/__/____].

Notary Public / Clerk of Court: [________________________________] My commission expires: [__/__/____]

PART 5 — SUMMONS AND SERVICE (Alaska R. Civ. P. 4)

NOTICE TO RESPONDENT:

A Petition to Establish Paternity/Parentage has been filed concerning [CHILD'S NAME], born [__/__/____]. You must respond in writing within twenty (20) days after this Summons and Petition are served on you (or thirty (30) days if served outside Alaska), and file your response with the Court and serve a copy on the Petitioner. If you do not respond on time, the Court may enter a default judgment against you for the relief requested (see AS 25.20.050(g)).

Service Options:
☐ Personal service by a peace officer, process server, or any person over 18 not a party (Alaska R. Civ. P. 4(d))
☐ Service by certified mail, restricted delivery, return receipt requested (Alaska R. Civ. P. 4)
☐ Service by publication, only upon court order after diligent search (Alaska R. Civ. P. 4(e))
☐ Acceptance of Service by Respondent (Part 6)

Proof of Service. Server must complete and file proof of service with the Court.

PART 6 — ACCEPTANCE OF SERVICE (Uncontested Path)

I, [RESPONDENT FULL NAME], acknowledge that I received a copy of the Summons and Petition to Establish Paternity/Parentage on [__/__/____].

☐ I accept service and waive further service of process.
☐ I admit that I am the parent of the child named in the Petition.
☐ I consent to the entry of orders for custody, parenting time, and child support as set forth in the agreement/proposed order.

Respondent's Signature: [________________________________] Date: [__/__/____]

PART 7 — MOTION / ORDER FOR GENETIC TESTING (AS 25.20.050(e))

MOTION FOR GENETIC TESTING

Petitioner moves the Court for an order requiring the mother, the child, and the putative father to submit to genetic testing under AS 25.20.050(e). In support, Petitioner states (by sworn statement) facts showing a reasonable possibility that the mother and the putative father ☐ had ☐ did not have sexual contact that could have resulted in conception of the child.

[PROPOSED] ORDER FOR GENETIC TESTING

GOOD CAUSE APPEARING, IT IS ORDERED:

1. The mother, the child [________________________________], and the putative father shall submit to genetic testing on or before [__/__/____].
2. Testing shall be performed by a laboratory accredited as required by AS 25.20.050(d), with certified results filed with the Court and served on the parties.
3. A test result establishing a probability of parentage of 95% or higher creates a presumption of parentage rebuttable only by clear and convincing evidence (AS 25.20.050(d)).
4. Costs shall be ☐ advanced by Petitioner ☐ recovered from the father under AS 25.20.050(f) unless testing excludes him ☐ apportioned [____]% / [____]%.

Dated: [__/__/____] Superior Court Judge: [________________________________]

PART 8 — ACKNOWLEDGMENT OF PATERNITY (Reference — AS 18.50.165 / AS 25.20.050)

If the parties have signed, or wish to sign, an Acknowledgment of Paternity under AS 18.50.165:

☐ Both the mother and the putative father have signed the Acknowledgment of Paternity form.
☐ The Acknowledgment has been / will be filed with the Bureau of Vital Statistics.
☐ Upon filing, the child is legitimated and considered the heir of the acknowledging parent (AS 25.20.050(a)(3)).

Child's Name: [________________________________] DOB: [__/__/____]
Mother: [________________________________] Signature: _________________________ Date: [__/__/____]
Father: [________________________________] Signature: _________________________ Date: [__/__/____]

PART 9 — CUSTODY, PARENTING TIME & CHILD SUPPORT

A. Custody and Parenting Time (AS 25.20.090; AS 25.24.150)

The Court determines custody and parenting time based on the best interests of the child, considering the statutory factors (the child's needs; capability and desire of each parent to meet those needs; the child's preference if of sufficient age; love and affection; stability and continuity; willingness to foster a relationship with the other parent; any domestic violence or substance abuse; and other relevant factors).

• Legal custody: ☐ Joint ☐ Sole to [________________]
• Physical custody: ☐ Primary to [________________] ☐ Shared
• Parenting time / visitation schedule: [____________________________________________________________]
• Holidays, school breaks, summer: [____________________________________________________________]
• ☐ A guardian ad litem is requested (AS 25.20.100).

B. Child Support (Alaska R. Civ. P. 90.3)

Alaska calculates support from the obligor's adjusted annual income times a percentage:

• Custody type: ☐ Primary (Rule 90.3(a)) ☐ Shared (Rule 90.3(b)) ☐ Divided (Rule 90.3(c))
• Obligor: ☐ Petitioner ☐ Respondent
• Obligor's adjusted annual income: $[__________]
• Calculated support: $[__________] per month
• ☐ Conforms to Rule 90.3 ☐ Variance requested for good cause (Rule 90.3(c)); reason: [________________________________]
• Health insurance for the child provided by: ☐ Petitioner ☐ Respondent
• Unreimbursed medical and child-care shared: [____]% Petitioner / [____]% Respondent

☐ A completed Child Support Guidelines Affidavit (Form DR-305) and supporting income documentation are attached.

PART 10 — [PROPOSED] JUDGMENT / ORDER ESTABLISHING PARENTAGE

[Caption as in Part 2]

This matter came before the Court on the Petition to Establish Paternity/Parentage. Based on ☐ the stipulation/acknowledgment of the parties ☐ the default of Respondent ☐ genetic test results meeting the standard of AS 25.20.050(d), the Court FINDS and ORDERS:

Findings.

1. The Court has jurisdiction over the subject matter and the parties; service was proper.
2. ICWA inquiry has been conducted (Part 11); the child ☐ is ☐ is not an Indian child.
3. [PARENT] is adjudged the legal parent of [CHILD], born [__/__/____].

Orders.

1. Parentage Established. The parent-child relationship between [PARENT] and [CHILD] is established (AS 25.20.050).
2. Birth Certificate. The Bureau of Vital Statistics shall amend the child's birth certificate to reflect the adjudicated parent (AS 25.20.050(b)-(c)).
3. Custody / Parenting Time. As set forth in Part 9 and consistent with the child's best interests (AS 25.20.090; AS 25.24.150).
4. Child Support. $[__________] per month, calculated under Alaska R. Civ. P. 90.3, payable through CSSD; an income-withholding order shall issue.
5. Genetic Testing Costs. ☐ Recovered from the father (AS 25.20.050(f)) ☐ As ordered.
6. Other: [________________________________]

Dated: [__/__/____] Superior Court Judge: [________________________________]

PART 11 — ICWA (INDIAN CHILD WELFARE ACT) INQUIRY

The undersigned has inquired whether the child is or may be a member of, or eligible for membership in, a federally recognized Indian tribe (25 U.S.C. § 1903).

☐ The child has NO known Indian ancestry; ICWA does not apply.
☐ The child MAY have Indian ancestry. Tribe(s): [________________________________]; source: [________________________________]
☐ Inquiry incomplete; further inquiry will be conducted with: [________________________________]

Dated: [__/__/____] Signature: [________________________________]

PART 12 — CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing [document title: ____________________] was served on the following by ☐ personal delivery ☐ U.S. mail ☐ certified mail ☐ electronic service:

[NAME / PARTY SERVED]
[________________________________]
[________________________________]

☐ Copy also served on the Child Support Services Division (CSSD), if a party.

Signature: [________________________________] Date: [__/__/____]

SOURCES AND REFERENCES

• Alaska Statutes Title 25 (Marital and Domestic Relations) — https://www.akleg.gov/basis/statutes.asp
• AS 25.20.050 (Legitimation; acknowledgment; adjudication; genetic testing) — https://ak.elaws.us/as/25.20.050
• AS 18.50.165 (Acknowledgment of paternity)
• AS 25.20.060, 25.20.090, 25.20.100 (Parentage action; custody factors; guardian ad litem)
• AS 25.27.165, 25.27.166 (CSSD administrative paternity; disestablishment) — https://law.justia.com/codes/alaska/title-25/chapter-27/section-25-27-165/
• AS 25.24.150 (Custody and visitation — best interests)
• Alaska Rules of Civil Procedure, Rule 90.3 (Child support guidelines) — https://courts.alaska.gov/rules/docs/civ90-3.pdf
• Alaska Court System — Paternity Self-Help and Forms — https://courts.alaska.gov/shc/family/paternity.htm
• Alaska Child Support Services Division (CSSD) — https://childsupport.alaska.gov
• Indian Child Welfare Act, 25 U.S.C. §§ 1901–1963

END OF ALASKA PATERNITY / PARENTAGE PETITION + ESTABLISHMENT ORDER FILING PACKET

Disclaimer: This template is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Use the current official Alaska Court System forms. Consult a licensed Alaska attorney for case-specific guidance.