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Paternity Rescission Time Frame

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  • 03-12-2014, 07:27 PM
    Bingo2030
    Paternity Rescission Time Frame
    My question involves paternity law for the State of: Virginia

    Good Evening,

    I have a question regarding time frame for a court date. I have taken 2 DNA test and the both have come back saying I'm NOT the father. The first one I took at home and the second one I took with a third party vendor. I have filed a petition with the court and that was back in mid December and I still haven't received a court date. I was wondering what are the time frame or average waiting period?

    Thanks,
  • 03-13-2014, 04:52 AM
    BooRennie
    Re: Paternity Petition Time Frame
    Quote:

    Quoting Bingo2030
    View Post
    My question involves paternity law for the State of: Virginia

    Good Evening,

    I have a question regarding time frame for a court date. I have taken 2 DNA test and the both have come back saying I'm NOT the father. The first one I took at home and the second one I took with a third party vendor. I have filed a petition with the court and that was back in mid December and I still haven't received a court date. I was wondering what are the time frame or average waiting period?

    Thanks,

    When you filed your petition did you serve the other person?
  • 03-18-2014, 10:21 PM
    Bingo2030
    Re: Paternity Petition Time Frame
    No,

    I jus filed it with the court system. I have spoken with the court and they haven't given out a court date. They said it should be soon and they are working through November at the moment.

    Another question,

    When is affidavit of paternity signed? Is that signed at the hospital along with the birth certificate?
  • 03-18-2014, 10:35 PM
    Dogmatique
    Re: Paternity Petition Time Frame
    From your history, it appears that you don't want to be the father.

    Is there a reason why you aren't ask your attorney how quickly the courts tend to take?
  • 03-18-2014, 10:35 PM
    Mr. Knowitall
    Re: Paternity Petition Time Frame
    Quote:

    Quoting Bingo2030
    View Post
    I was wondering what are the time frame or average waiting period?

    As you have already discovered, if you want to know how congested the court's docket is, you need to ask the court.

    You also need to follow the rules for service of your petition on the mother, lest you get that court date and find out that you need to reschedule or that the judge takes other action contrary to your goals.
    Quote:

    Quoting Bingo2030
    View Post
    When is affidavit of paternity signed?

    It can be signed at any time. You don't sign the birth certificate, although at least one parent must sign the application for a birth certificate. It could be that the AOP was the document you signed that you thought was a birth certificate.
  • 03-23-2014, 05:43 PM
    Bingo2030
    Re: Paternity Petition Time Frame
    Good Evening,

    I have to talk to my lawyer. I was just wondering if anybody else had any insight.

    I have a court date with child support services coming next month, but I called the courts last week and they don't have date yet for me to have the paternity petition heard.

    I was wondering at the child support services hearing can I also request a paternity test be done?

    I'm not sure if I signed the AOP at the hospital, but if I do a paternity test does that get me from child support?
  • 03-23-2014, 05:55 PM
    Dogmatique
    Re: Paternity Petition Time Frame
    The only realistic answer we can give is "maybe".

    Seriously - you need to be talking to your attorney.
  • 03-23-2014, 09:23 PM
    mmmagique
    Re: Paternity Petition Time Frame
    If you signed the AOP, you know you did. They are very explicit with that document and make sure you absolutely know what you are doing. Don't try saying that in court.
  • 03-23-2014, 10:16 PM
    Dogmatique
    Re: Paternity Petition Time Frame
    OP may wish to read this: http://leg1.state.va.us/cgi-bin/legp...0+cod+20-49.10
  • 04-04-2014, 10:29 PM
    Bingo2030
    Re: Paternity Petition Time Frame
    Thanks for the info.

    Does anyone know how long it usually takes to get the results back after the court has done DNA testing? and how do you receive them?

    Thanks,
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