My question involves paternity law for the State of: Virginia
I am the biological father to my son. The mother recognizes me as the father. I lived with the mother while she was pregnant. Was there when he was born. Lived with them both for the first few months. Lived right down the street ever since. I am supporting and taking care of my son 100%. He is going to be a year in a month.
The mother was married -- and still is -- when my son was born. She is married to a friend of hers. He is in the military. I know this sounds bad, but they married each other a couple years ago to get the benefits of being married in the military. He has no interest at all about being the father.
There is no father listed on the birth certificate. We didn't add me to the birth certificate because she was married. And the government was paying for everything. We didn't know how that would go down. We always planned to add me on later.
Everything is still good. We basically go every other day watching our son. The mother and I are great friends. However, I have some concerns. We are starting to see other people. I realized I have absolutely no rights to my son. You cannot predict the future. She could get up and move half way across the world and I would have no say.
What are the steps to getting things legalized? She will be compliant I'm sure.
Will she have to get a divorce?
-If this is a yes it makes the situation harder. She will be reluctant to divorce him. What would be my options to "force" the legalization if this is the case?
Will there be any penalties with the whole "government paying for hospital bills" situation?
Would this be as simple as getting added to the birth certificate?
I was doing some reading earlier and the cut off date for a Bio father to get on a birth certificate is 2 years. Is that true?