Unanswered Questions About Paternity of 2-Year Old

**emsmom08** · 03-27-2011, 01:49 PM

My question involves paternity law for the State of: VA

Previous posts- http://www.expertlaw.com/forums/showthread.php?t=117613
http://www.expertlaw.com/forums/showthread.php?t=117231

i just basically have some unanswered questions. as said, i have a two year old that is NOT my husbands but we were married at time of birth. NOONE signed the birth certificate or AOP, but my child has my husbands last name. is he still the legal father to my son no matter what DNA says? bio dad has refused to take tests and i wish this not go to court.

if he is LEGALLY my son's father, can bio dad go to court for anything regarding my child?
or vice versa.

sorry for my inconvenience, just trying to find free answers.

**emsmom08** · 03-28-2011, 12:31 PM

someone please answer me!!!!!!!

**Mr. Knowitall** · 03-28-2011, 12:58 PM

Did it occur to you that it would be polite to follow the forum rules and not double-post your questions?

Did it occur to you that it would be sensible to pay attention to the information about how long it usually takes to have somebody respond to a post, or to follow the instruction not to respond to your own first post?

If there's a huge urgency to your situation, the phone book is full of lawyers who will happily take your case. If you want help from volunteers in a forum it is generally a good idea to follow the forum rules and show a reasonable amount of respect for our time.

If your husband is on the child's birth certificate as the father due to the fact that you were married to him, he remains the child's father unless and until a court orders otherwise. The child's legal father may seek visitation and custody and, if appropriate, may be ordered to pay child support.

**emsmom08** · 03-28-2011, 01:44 PM

sorry for that. but no, NOONE is on it. thats what i'm trying to make clear. does my son not have a father? yes, we were married and everyone says that makes my husband his father, but noone signed anything is what i'm trying to say. i'm sorry i'm just feeling flustered by all this

**Dogmatique** · 03-28-2011, 01:48 PM

By your state's laws your husband is - even though his name isn't on the birth certificate - presumed to be the child's legal father. Because he's NOT on the bc however, he does NOT currently have equal rights to the child. If he wants rights, he must file in court. If the child's biological father wants rights, HE will have to petition the court.

I don't know how much clearer we can be!