[Confused_Father]

A few years back my girlfriend and I were living together and had been for a few years. She became pregnant and I was elated, this was a woman I thought for sure would one day be my wife. In the hospital, one of the aids brought me the acknowledgment of paternity forms which I happily signed. A decision I now regret.

My son was only 2 months old when after an argument over her leaving the house with "My Son" sent us to court and support (in Virginia). I faithfully made all my support payments regardless of the fact that she would not allow me to be a part of the child's life. I was in the Navy and living in another state at the time. It was difficult to schedule visitation due to the fact that the ship I was on had a schedule that was always in flux. As time passed, we grew further and further apart.

It was not until about 4 years ago, when her boyfriend died that she suddenly was pushing me to be more of a part of his life. Stating that the tragedy was hard for him to deal with and he needed me to be there for him. Well I was, we started making arrangements for him to travel to KY, see me and and his other brothers especially his new baby brother from my current marriage.

All is well, or so I thought. I started to have doubts over the last few years. He looked nothing like my other 4 children so I took a home DNA test. Since I did not have his mother to include in the test I included a sibling to see how the test stacked up.

The results came back a week later and I was excluded from being his father and the sibling was greater than 99.99% mine.

I'm thinking now what? I have been paying support for the last 10 years for a child that is not mine.

My questions:
The original support case was in Virginia, I currently live in KY and she and the child lives in FL. I have read that there was a recent law passed in VA that allowed for non biological fathers to be relieved of their support. Is there a statue of limitations for filing? I signed documents over 10 years ago and just recently found out hes not mine. I'd like to stop support payments and force her to go after the real father for support and medical ins.

If she does go after the real father, is there anything I could do to recoup past support from either him or her?

The test I took was a home test, which I know won't hold water in court. But can I now use the results of the home test to force her into a legal DNA test?

Any advice will be greatly appreciated.

[aaron]

Here you go:

An individual may file a petition for relief and, except as provided herein, the court may set aside a final judgment, court order, administrative order, obligation to pay child support or any legal determination of paternity if a scientifically reliable genetic test performed in accordance with this chapter establishes the exclusion of the individual named as a father in the legal determination. The court shall appoint a guardian ad litem to represent the interest of the child. The petitioner shall pay the costs of such test. A court that sets aside a determination of paternity in accordance with this section shall order completion of a new birth record and may order any other appropriate relief, including setting aside an obligation to pay child support. No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for relief from a determination of paternity, but only from the date that notice of the petition was served on the nonfiling party.

A court shall not grant relief from determination of paternity if the individual named as father (i) acknowledged paternity knowing he was not the father, (ii) adopted the child, or (iii) knew that the child was conceived through artificial insemination.

[Confused_Father]

There does not seem to be a time limit based upon what I have read. Does it matter that the child is now ten years old and I signed the AOP in the hospital at birth?

[aaron]

That's the entire statute.