Statute of Limitations for Paternity

[ecmont4413]

My question involves paternity law for the State of: Virginia

My husband was surprised to get mail from child support enforcement. The letter indicated that a woman was claiming that he was the father of her 6yr old girl. I have been married for 17 yrs and around 7 yrs ago I was briefly seperated from my husband who was and still is, in the military for roughly 6 months and during the seperation he had a one night stand with a lady who was married already. Her husband was also in the military but I dont believe he is currently in anymore. Anyway when this lady initially informed my husband that she was pregnant, I was aware of it and through a few conversations I had with her (7yrs ago) she claimed that her unborn child at the time did not belong to my husband, she then claimed that it might be her husbands child or another guy she was with. I knew that as soon as she had this child, she would know with certainty if it was her husbands child or the other guy (or maybe even my husbands) She is white and so is her husband, but the other guy and my husband are black. Anyway the last time we heard from her was almost 7 yrs ago and I assumed and prayed it was going to be the last I heard from her. I was so wrong. We are living in Hawaii (husband stationed here) and we recieved a thick envelope from Va Child support three days ago requesting financial documents because he was named as the childs father. How can they say this unless a DNA was done. IT HAS NOT BEEN DONE. If this woman was married while she conceived and delivered this child, from the little knowledge that I know, Doesn't the husband carry the responsibilities and moral obligation to this child, who has only known to be her daddy for over 6 yrs. Is there a time frame that the mother had to inform child support of who the father is? Can someone PLEASE, I AM BEGGING YOU TO INFORM ME OF WHAT CHILD SUPPORT CAN DO TO MY HUSBAND. What should he do regarding the documents child support wants? Should they FIRST DO A DNA TEST to make sure they got the correct guy? Should we get a lawyer? I am so stressed out because my heart is broken once again, and I just don't know what is going to happen with my family. We already have four children and if this is there little sister, HOW WILL I TELL THEM. The mother of this child does not work and so this will probally mean, if this child is his, he will have to pay a whole lot of money. If this is the case, how is she going to accept all of these new people in her life. Many questions, with many emotions. I will appreciate any and all of the advice.

[LawResearcherMissy]

Your husband needs to demand DNA testing. A lawyer certainly would not be a bad idea.

You are correct that the man she was married to at the time is the presumed legal father of the child. However, this does not prevent either of them from seeking testing to determine biological parentage.

If the child proves to be yur husband's, expect that he will have to pay child support, calculated through Virginia's child support formula.

Your husband should read here, here, and here.

[ecmont4413]

Your husband needs to demand DNA testing. A lawyer certainly would not be a bad idea.

You are correct that the man she was married to at the time is the presumed legal father of the child. However, this does not prevent either of them from seeking testing to determine biological parentage.

If the child proves to be yur husband's, expect that he will have to pay child support, calculated through Virginia's child support formula.

Your husband should read here, here, and here.

Appreciate your quick response. One more question??? Since the lady was and still might be married and the only father she has known for 6 years is the woman's husband, is there a statue of limitations to find or prove who the real father is. I am almost certain she tested the other guy and that is why my husband is the next one in line. Thank you in advance.

[ecmont4413]

The state the child was born is still lives is in Virginia, we currently live in Hawaii (husband is in the military)

I wanted to ask a question regarding statue of limitations to establish paternity. I recently posted a question regarding a child that is 6 years old that my husband who might possibly be her father. Ok, the woman is married when she had this child and the only father she (the child) has known is this person's husband. 6 years later the father claims not to be her dad. Is there a time frame that paternity has to be establish or a statue of limitations. The only thing Child support wants are financial documents, but my husband is going to demand a DNA before anything happens. If he is the father he will pay for CS, but the question is how confusing this might be for this child to know this person to be her dad and NOW if he is not and my husband is, how this may affect her. So basically is there a statue of limitations, or time frame to establsih paternity?

[cyjeff]

The statute of limitations upon child support cases is until the child reaches 18.

[distressedmom]

State laws vary- your husband may want to consider contacting the State Bar Association and request a referral. Most charge a nominal fee for a 1/2 hour consultation. He may feel better getting information from a board certified family law attorney versus an on-line website.

Usually when someone is named in a maternity or paternity action there normally has to be some evidence, or compelling reason, behind it because it costs the courts money to pursue these cases.