Paternity / Parentage Petition Packet

DISTRICT OF COLUMBIA 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, neglect, CSSD): ☐ Yes ☐ No
☐ If yes, case number and tribunal: [________________________________]

B. Mother / Person Who Gave Birth

☐ Full legal name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Current address: [________________________________]
☐ Marital status at conception/birth: ☐ Single ☐ Married ☐ Domestic partnership ☐ Separated ☐ Divorced (date final: [__/__/____])
☐ Name of spouse / domestic partner at conception or birth, if any (possible presumed parent, § 16-909): [________________________________]

C. Alleged / Putative Father

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

D. Existing Acknowledgment of Paternity (§ 16-909.01 / § 16-2342.01)

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

E. Presumptions of Parentage (§ 16-909) — Check ALL that apply

☐ The mother and the man/parent were married, in a domestic partnership, or in a civil union at conception or birth, or the child was born within 300 days of termination of such relationship.
☐ The man is named as the father on the child's birth certificate with his consent.
☐ A voluntary acknowledgment of paternity has been executed.
☐ The man has openly held out the child as his own and has established a parental relationship.
☐ None of the above (no presumed parent).

F. CSSD / IV-D Status

☐ The Child Support Services Division (CSSD) / Office of the Attorney General has an open paternity or support case: ☐ Yes (Case #: [____________]) ☐ No
☐ Public assistance (TANF / POWER) is or was received for the child: ☐ Yes ☐ No

G. Genetic Testing Status (§ 16-2343)

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

H. 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

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT — PATERNITY & SUPPORT BRANCH

Case No.: [________________________]

PART 3 — PETITION TO ESTABLISH PATERNITY / PARENTAGE

Cite: D.C. Code §§ 16-909, 16-909.01, 16-2342, 16-2343; § 16-916.01

Petitioner alleges:

1. Jurisdiction. The Family Court has jurisdiction of this parentage proceeding under D.C. Code §§ 11-1101 and 16-2342, and personal jurisdiction over the Respondent because [________________________________].

2. Standing (§ 16-2342). A proceeding to determine parentage may be brought by the District of Columbia, a person whose parentage is to be adjudicated, the child's mother or other parent, a child support enforcement agency, or a person seeking to be adjudicated a parent. Petitioner is: ☐ the mother ☐ the alleged father ☐ the child ☐ the District / IV-D agency ☐ other: [____________].

3. UCCJEA. Petitioner has filed (or files concurrently) a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit (D.C. Code § 16-4601 et seq.) listing the child's residences for the past five years.

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

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

6. Allegations of Parentage — Check ALL Applicable:

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

☐ (b) Presumed Parent (§ 16-909). A presumption of parentage arises because: [________________________________].

☐ (c) Existing Acknowledgment (§ 16-909.01 / § 16-2342.01). The parties executed a voluntary Acknowledgment of Paternity on [__/__/____]; Petitioner seeks a confirmatory order and related relief. The AOP creates a conclusive presumption of parentage.

☐ (d) Genetic Test Results (§ 16-909.01). Genetic testing dated [__/__/____] reflects a probability of parentage of [____]% (attached as Exhibit "A"). A result of 99% or greater creates a conclusive presumption of parentage.

☐ (e) Request for Court-Ordered Genetic Testing (§ 16-2343). Parentage is contested or unestablished; Petitioner requests that the Court order the child and all other parties to submit to medical or genetic tests.

7. No Adverse Adjudication. No prior court order, AOP, or other determination establishing parentage of this child by another person exists, except: [________________________________]

8. Best Interests / Relief. Establishing parentage and orders for custody, visitation, and support is in the best interests of the child (D.C. Code § 16-914).

9. Requested Relief. Petitioner requests that the Court:
a. Adjudge [Petitioner/Respondent] the legal parent of the child;
b. Order genetic testing under § 16-2343 if requested;
c. Order the Registrar of Vital Records to amend the child's birth certificate to reflect the adjudicated parent;
d. Award legal and physical custody and visitation consistent with the child's best interests (§ 16-914);
e. Order child support pursuant to the D.C. Child Support Guideline (§ 16-916.01);
f. Apportion the costs of genetic testing under § 16-2343(c);
g. Grant such other relief as the Court deems just.

Date: [__/__/____]

Petitioner's Signature: [________________________________]

PART 4 — VERIFICATION

District of Columbia, ss:

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 and correct to the best of my knowledge, information, and belief.

Petitioner's Signature: [________________________________]

Sworn to and subscribed before me on [__/__/____].

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

PART 5 — SUMMONS AND SERVICE

NOTICE TO RESPONDENT:

A Petition to Establish Paternity/Parentage has been filed concerning [CHILD'S NAME], born [__/__/____]. You must appear and respond as directed in the summons and as required by the Superior Court Domestic Relations / Family Court Rules. If you fail to appear or respond, the Court may enter a default order adjudicating parentage and ordering custody, visitation, and child support.

Service Options (Super. Ct. Dom. Rel. R. 4):
☐ Personal service by a person authorized to serve process
☐ Service by certified mail, return receipt requested, where authorized
☐ Service by publication, only upon court order after diligent search
☐ Acceptance of Service by Respondent (Part 6)

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

PART 6 — ACCEPTANCE OF SERVICE / CONSENT (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, visitation, and child support as set forth in the agreement / proposed order.

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

PART 7 — MOTION / ORDER FOR GENETIC TESTING (D.C. Code § 16-2343)

MOTION FOR GENETIC TESTING

Petitioner moves the Court for an order requiring the child and all other parties to submit to medical or genetic tests under D.C. Code § 16-2343. Where the child does not have a presumed parent under § 16-909(a)(1)–(4) or § 16-909(a-1)(2), the IV-D agency shall require testing if a party submits a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact (§ 16-2343(a-1)).

[PROPOSED] ORDER FOR GENETIC TESTING

GOOD CAUSE APPEARING, IT IS ORDERED:

1. The child [________________________________] and all other parties shall submit to medical or genetic tests on or before [__/__/____].
2. Tests shall be performed by persons qualified as examiners of genetic markers, appointed by the Court, the IV-D agency, or chosen by consent of the parties (§ 16-2343(b)).
3. A test result disclosing a 99% or greater probability of paternity creates a conclusive presumption of parentage (§ 16-909.01).
4. Costs shall be paid in accordance with § 16-2343(c): ☐ by the IV-D agency, subject to recoupment from the putative father if paternity is established ☐ by the parties ☐ by the District upon a finding that the alleged parent lacks sufficient resources.

Dated: [__/__/____] Judge / Magistrate Judge, Family Court: [________________________________]

PART 8 — ACKNOWLEDGMENT OF PATERNITY (Reference — § 16-909.01 / § 16-2342.01)

If the parties have signed, or wish to sign, a voluntary Acknowledgment of Paternity (AOP) under § 16-909.01:

☐ Both the mother and the alleged father have signed the AOP.
☐ The AOP has been / will be filed with the Vital Records Division.
☐ The signatories understand the AOP creates a conclusive presumption of parentage and may be rescinded within 60 days, after which it may be challenged only for fraud, duress, or material mistake of fact.

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

PART 9 — CUSTODY, VISITATION & CHILD SUPPORT

A. Custody and Visitation (D.C. Code § 16-914)

The Court determines custody and visitation based on the best interests of the child, considering the statutory factors of § 16-914 (the wishes of the child and the parents; the interaction of the child with parents, siblings, and others; the child's adjustment to home, school, and community; the mental and physical health of all individuals; evidence of intrafamily offense; each parent's willingness to share custody; the demands of parental employment; and other factors). There is a rebuttable presumption that joint custody is in the best interest of the child absent specified findings (§ 16-914).

• Legal custody: ☐ Joint ☐ Sole to [________________]
• Physical custody: ☐ Joint ☐ Primary to [________________]
• Visitation / access schedule: [____________________________________________________________]
• Holidays, school breaks, summer: [____________________________________________________________]

B. Child Support — D.C. Child Support Guideline (§ 16-916.01)

The District of Columbia uses an income-shares guideline. The judicial officer determines each parent's adjusted gross income, locates the basic child support obligation from the Schedule of Basic Child Support Obligations using the parents' combined adjusted gross income, and allocates each parent's share in proportion to income. Adjustments are made for health insurance premiums, extraordinary medical expenses, and child care. The guideline applies presumptively; it does not apply presumptively where combined adjusted gross income exceeds $240,000 per year. A shared-physical-custody calculation applies where a child spends 35% or more of the year with each parent (§ 16-916.01(q)). Support generally continues until the child reaches age 21.

• Obligor: ☐ Petitioner ☐ Respondent
• Petitioner's adjusted gross income: $[__________] / Respondent's: $[__________]
• Combined adjusted gross income: $[__________]
• Basic child support obligation (from Schedule, Appendix I): $[__________]
• Calculated support: $[__________] per month
• ☐ Sole physical custody (§ 16-916.01(f)) ☐ Shared physical custody — 35%+ each (§ 16-916.01(q))
• ☐ Conforms to the guideline ☐ Deviation requested (§ 16-916.01(p)); reason: [________________________________]
• Health insurance for the child provided by: ☐ Petitioner ☐ Respondent
• Extraordinary medical and child-care shared in proportion to adjusted gross incomes.

☐ A completed Child Support Guideline worksheet (Worksheet A or B) and supporting income documentation are attached.

PART 10 — [PROPOSED] ORDER ESTABLISHING PARENTAGE

[Caption as in Part 2]

This matter came before the Court on the Petition to Establish Paternity/Parentage. Based on ☐ the acknowledgment/consent of the parties ☐ the default of Respondent ☐ genetic test results showing 99% or greater probability (§ 16-909.01), 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 adjudicated the legal parent of [CHILD], born [__/__/____].

Orders.

1. Parentage Established. The parent-child relationship between [PARENT] and [CHILD] is established.
2. Birth Certificate. The Registrar of Vital Records shall amend the child's birth certificate to reflect the adjudicated parent.
3. Custody / Visitation. As set forth in Part 9 and consistent with the child's best interests (§ 16-914).
4. Child Support. $[__________] per month, calculated under the D.C. Child Support Guideline (§ 16-916.01), payable through CSSD; an income-withholding order shall issue.
5. Genetic Testing Costs. ☐ Apportioned under § 16-2343(c) ☐ As ordered.
6. Other: [________________________________]

Dated: [__/__/____] Judge / Magistrate Judge, Family Court: [________________________________]

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 (CaseFileXpress):

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

☐ Copy also served on the Child Support Services Division (CSSD) / Office of the Attorney General, if a party.

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

SOURCES AND REFERENCES

• D.C. Code § 16-2341 et seq. (Parentage Proceedings) — https://code.dccouncil.gov/us/dc/council/code/titles/16/chapters/23
• D.C. Code § 16-2342 (Proceeding to establish parentage)
• D.C. Code § 16-2343 (Tests to establish parentage) — https://code.dccouncil.gov/us/dc/council/code/sections/16-2343
• D.C. Code § 16-909 (Proof of child's relationship; presumptions); § 16-909.01 (Voluntary acknowledgment; genetic test results)
• D.C. Code § 16-914 (Custody; best interests; joint-custody presumption)
• D.C. Code § 16-916.01 (Child Support Guideline) — https://code.dccouncil.gov/us/dc/council/code/sections/16-916.01
• Superior Court of the District of Columbia, Family Court — Paternity & Support Branch
• D.C. Office of the Attorney General, Child Support Services Division (CSSD)
• Indian Child Welfare Act, 25 U.S.C. §§ 1901–1963

END OF DISTRICT OF COLUMBIA 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 D.C. Superior Court Family Court forms. Consult a licensed District of Columbia attorney for case-specific guidance.