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  1. #1
    Join Date
    Dec 2007
    Posts
    15

    Question Sudden Paternity

    I need help for Virginia rights and laws. I girl has contacted me thru DCSE to get child support and insurance. I really don't think I am the father. I don't remember sex with her. However at the time I knew her (never dated) I was drinking and partying a lot with friends while battling depression and a separation from my wife. I'm still married now and have my wife's support in this matter. Thank God. I want to get info about the kid. (sex, dob, photo) The girl doens't want to supply this info. I'm disputing the support issue until paternity is established. Is she or the agency required to give me any info about this kid and it's mother? This girl approached me about a year ago, said she had a baby and I congratulated her. She said she needed state help in the way of benefits for the baby and asked me to sign a form to help her get those since she thought I could be the baby but wasn't sure. Like an idiot I signed so that the baby could get help. I'm really not even sure what I signed. That was the last I heard from her until this week. How do I find out what I signed too?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Sudden Paternity

    You signed something before a notary? If so, it's reasonable to assume that it was an Acknowledgement of Paternity, under which you and the mother swore that you are the child's father.
    Quote Quoting Virginia Code § 20-49.10. Relief from legal determination of paternity.
    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.
    You can assert your rights to visitation, or even seek custody. If you wish to try to set aside the acknowledgment of paternity, follow the procedure in the statute above (and it would be sensible to get help from a lawyer).

  3. #3

    Default Re: Sudden Paternity

    Looks like you may be stuck. You established paternity when you signed.

  4. #4
    Join Date
    Dec 2007
    Posts
    15

    Default Re: Sudden Paternity

    No...I didn't sign anything before a notary. This girl approached me actually at a gas station and started talking with me and that's when I first found out she had a baby and she was explaining that she was ahving trouble getting the baby any benefits. She asked if I'd sign the papers for the baby since she thought I might be the father. Said she didn't want em involved or anything. I guess she lied.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Sudden Paternity

    As it isn't clear what happened after you signed whatever it was that you signed, consider getting help from a lawyer to find out what you signed, and to help you get a paternity test.

  6. #6
    Join Date
    Dec 2007
    Posts
    15

    Angry Re: Sudden Paternity

    Nothing happened until 2 days ago when I received papers about an order for child support and insurance. The paper I signed came from local county social services. I hadn't even run into her in over 11 months. That day she just happened to see me and pull over. She said she'd been afraid to stop at my house because she heard my wife and I were back together. So I almost feel like I've been stalked too by this girl. I've contacted the local J & DR court that issued the paperwork but they say they can't release any info about the girl. That blows my mind. A girl wants my money but I can't even find out where she is or what type of baby she has that she's is accusing me of being the father??!! What crap. Iis that type of run-around normal?!

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