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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Question Not Biological Father, but Possibly Legal Father

    My question involves paternity law for the State of: Virginia

    Hi all!

    My name is Sean. Married September 2007, Separated May 2008, Divorced March 2009, all in Virginia.

    My Ex-wife has recently had a child by another man. She has not denied that I am not the father; however, since the child was born within 10 months of the divorce, this child may come back to haunt me in the future in case she (or her lawyer’d-up mother) gets malicious and wants to take me to court for whatever reason. The following excerpt was taken from a FAQ on the Virginia Social Services website (http://www.dss.virginia.gov/pub/pdf/dcse_paternity.pdf):

    "WHAT HAPPENS IF THE MOTHER IS MARRIED TO SOMEONE OTHER THAN THE BIOLOGICAL FATHER OF THE CHILD? According to Virginia law, the husband of the mother is presumed to be the legal father of her child. If the mother is married or was married up to 10 months prior to the birth of the child to someone other than the biological father of the child, paternity must be established in court. Paternity may not be established by voluntarily signing an AOP form."

    What do I need to do to "establish paternity in court?" I do not know what father, if any, was placed on the child’s birth certificate, and I don’t want to contact the Ex unless I absolutely have to. If the biological father’s name and his alone is on the birth cert am I in the clear? It seems to me that would not be possible unless he and my Ex lied to the hospital because he can’t be on the cert without an AOP signed, and he could not have done that per the except quoted above (at least that’s my interpretation). What if he did sign the AOP when he was not legally allowed to, that could open up a whole host of fraudulent behavior eh?

    If anyone understands my predicament and can offer any clarity then thank you in advance for posting.

    Sean H

  2. #2
    Join Date
    Dec 2009
    Posts
    117

    Default Re: Not Biological Father, but Possibly Legal Father

    Sounds like a DNA test resolution to me.

  3. #3
    Join Date
    Jan 2010
    Location
    Houston, Texas
    Posts
    17

    Default Re: Not Biological Father, but Possibly Legal Father

    Did you sign the birth certifcate ? And i am glad to see your stepping up on behalf of this child but let me ask you a question if you meet another woman in a year and she has your child, and its yours, will you still feel the same about the non biological child ?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Not Biological Father, but Possibly Legal Father

    For information on how to establish your paternity, start here. If you don't want to establish your paternity, you'll have to wait and see what (if anything) the future holds.

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