Legal Question in Family Law in Virginia

The man that signed my daughters AOP is NOT her biological father. Which we both knew when we signed the AOP. Ws also listed as the father on te birth certificate. It's been over a year and he never appealed the AOP. Now that I've filed for child support and custody he's fighying it and saying he's not he biological father. Could he get off not having to be there for her and support her or is he still responsible for her? He's retained a lawyer and has requested a DNA test to prove what we already knew. Which is that he's not her biological father??


Asked on 10/24/14, 6:45 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

I suggest that you review Va. Code statute 20-49.10 entitled Relief from legal determination of paternity

At the bottom of this statute you will find the following: "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 children, or (iii) knew that the child was conceived through artificial

insemination.

Assuming that you can prove (i) by a preponderance of the evidence

to the judge hearing this case, not only should the petitioner's case be dismissed, but the judge should also set the matter down for further hearing(s) on the issues of child support and custody/visitation (in my opinion).

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Answered on 10/27/14, 11:41 am


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