Establishing Paternity In Virginia
If you are questioning whether or not you are the father of a child, you may be facing many issues, such as plethora of emotions, the payment of child support and even the determination of child custody. Establishing paternity may be a trying process but should be done as soon as possible so that you and the child in question may proceed with life with the question of paternity answered. If you or someone you know is attempting to establish that you are the father or not the father of a child in the State of Virginia, contact the family lawyers at our law office to assist you in navigating this legal process.
How Is Paternity Established In Virginia?
Paternity may be established in a variety ways under Virginia state law. For a child born out of wedlock, clear and convincing evidence that the father in question cohabitated openly with the mother for ten months prior to the birth may establish paternity. In addition to a lengthy cohabitation, paternity may also be established if the father in question gave consent to a physician or other person charged with the responsibility of securing information for preparation of a birth record that his name be used as the father of the child on the birth certificate. In addition to the a birth certificate, paternity may be established if the father in question claimed the child as his on any statement, tax return or other document filed and signed by him with any government or agency. Lastly, paternity may be established by clear and convincing evidence of scientifically reliable genetic testing.
How Can I Be Relieved From A Legal Determination Of Paternity
Often times an individual who is not the rightful father of a child may have erroneously been established as the father. An individual may file a petition for relief and a court may set aside a final judgement, court order, administration order or obligation to pay child support if scientifically reliable genetic tests excludes the individual as the father of the child. If a determination of paternity is set aside, a new birth certificate will be issued and any obligations such as child support and custody will be set aside.
Let Us Help You with Your Case
Establishing paternity for a child can be a contentious issue for a man as well as the child and mother involved. If you or someone you know is dealing with issues establishing paternity or seeking relief from an erroneous determination of paternity, contact us online or call the family lawyers at Shannon & Bedois, P.C. at (757) 228-5529 to assist you through this process.