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  1. #1
    Join Date
    May 2010
    Posts
    3

    Default How Does a Biological Father Get On the Birth Certificate, No Father is Named

    My question involves paternity law for the State of: Virginia

    I am the biological father to my son. The mother recognizes me as the father. I lived with the mother while she was pregnant. Was there when he was born. Lived with them both for the first few months. Lived right down the street ever since. I am supporting and taking care of my son 100%. He is going to be a year in a month.

    The mother was married -- and still is -- when my son was born. She is married to a friend of hers. He is in the military. I know this sounds bad, but they married each other a couple years ago to get the benefits of being married in the military. He has no interest at all about being the father.

    There is no father listed on the birth certificate. We didn't add me to the birth certificate because she was married. And the government was paying for everything. We didn't know how that would go down. We always planned to add me on later.

    Everything is still good. We basically go every other day watching our son. The mother and I are great friends. However, I have some concerns. We are starting to see other people. I realized I have absolutely no rights to my son. You cannot predict the future. She could get up and move half way across the world and I would have no say.

    What are the steps to getting things legalized? She will be compliant I'm sure.

    Will she have to get a divorce?
    -If this is a yes it makes the situation harder. She will be reluctant to divorce him. What would be my options to "force" the legalization if this is the case?
    Will there be any penalties with the whole "government paying for hospital bills" situation?
    Would this be as simple as getting added to the birth certificate?

    I was doing some reading earlier and the cut off date for a Bio father to get on a birth certificate is 2 years. Is that true?

    Thanks!

  2. #2

    Default Re: How Does a Biological Father Get On the Birth Certificate, No Father is Named

    The cutoff in Virginia says 2 years, but there may be exceptions. When people are married, children are presumed to be the product of the marriage until and unless that presumption is challenged. If you want a chance to be the legal father, you'll need to file a paternity suit, establish that you are, in fact, the father via DNA testing, and then have the birth certificate modified - and of course you'll want to address custody/visitation (and child support). Divorce shouldn't be an issue, so long as mom and her husband are ok with the situation, but you'll definately want to talk to a family law attorney in Virginia to find out if the timeframe issue can be worked around.
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  3. #3
    Join Date
    May 2010
    Posts
    3

    Default Re: How Does a Biological Father Get On the Birth Certificate, No Father is Named

    Quote Quoting aardvarc
    View Post
    The cutoff in Virginia says 2 years, but there may be exceptions. When people are married, children are presumed to be the product of the marriage until and unless that presumption is challenged. If you want a chance to be the legal father, you'll need to file a paternity suit, establish that you are, in fact, the father via DNA testing, and then have the birth certificate modified - and of course you'll want to address custody/visitation (and child support). Divorce shouldn't be an issue, so long as mom and her husband are ok with the situation, but you'll definately want to talk to a family law attorney in Virginia to find out if the timeframe issue can be worked around.
    He is only going to be 1 years old in a month. That last question was just to give me a sort of time frame. Also, he was born in Florida, does that change anything?

    Thanks for the reply!

  4. #4
    Join Date
    Sep 2005
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    Default Re: How Does a Biological Father Get On the Birth Certificate, No Father is Named

    As is indicated in this guide,
    Quote Quoting What Happens if the Mother is Married to Someone Other Than the Biological Father of the Child?
    According to Virginia law, the husband of the mother is presumed to be the legal father of her child. If the mother is married or was married up to 10 months prior to the birth of the child to someone other than the biological father of the child, paternity must be established in court. Paternity may not be established by voluntarily signing an AOP form.
    While I was posting that, you changed the state at issue to Florida. Are you asking about a Florida case or a Virginia case?

  5. #5
    Join Date
    May 2010
    Posts
    3

    Default Re: How Does a Biological Father Get On the Birth Certificate, No Father is Named

    Quote Quoting Mr. Knowitall
    View Post
    As is indicated in this guide,


    While I was posting that, you changed the state at issue to Florida. Are you asking about a Florida case or a Virginia case?
    He was born in Florida. When he was 2 months old we moved to Virginia. We have been in Virginia every since. I'll update the main post with this information as well.*

    Edit* Scratch that, I can't edit the main post for some reason.

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