[vapredhunter]

I have multiple children with my ex wife,,the first was born while she was still married to her first husband,I signed the birth certificate at the time thinking it was mine,,they divorced two years later,we married had other children and divorced,,i have since contested the paternity,,the test showed i was not this childs father,,I am working on fileing on the others as well,ok J&D ordered a support reduction etc.,,she appelled the decision to circuit court,,she says i knew the child wasn't mine in hopes of getting continued support,,my question is,,based on the fact that we were not married at the time and she was still married does the law in Virginia still consider her husband at the time the father,Even though i signed the birth cert.,i fell like the J&D judges ruling won't be overturned but a little more ammo for me would be nice to show,,Thanks

[aaron]

Normal sentence structure makes posts easier to read.

You are stating that you went to court about this issue, and the court already ruled in your favor?

[vapredhunter]

Yes,,she has apelled the judges ruling to the next higher court in hopes of overturing the decision. i was wondering what the chances of the ruling being overturned,were,, she was not legely separated from here first husband.and we were not married.Im sorry for my post,,,i type like i speak,,thank you very much for the reply

[aaron]

Particularly without knowing the procedural history in court, including that from the prior divorce, the legal questions are somewhat complicated to research; I assume your lawyer did that already, so if you want to know more about the case law or statutes you can discuss the specifics of your case with your lawyer.

As from what you say the ex-husband has never been established as the child's father, and you were named on the birth certificate, I am not aware of any mechanism which would automatically result in his being declared the father.