Legal Question in Family Law in Virginia
I was in an abusive relationship, and hit back. I was arrested, plead guilty the next morning, with the statement regarding her statement as false. At some point between jail and court, she had a specialist perform IVF, and it took. I received withheld adjudication of guilt, probation, batterers classes, and a mental state of depression/defeat. Many of my belongings were destroyed, I found a new place to live, lost my job, lost my apartment, got buried in debt from the marriage and legal fees as I was served and pushed through divorce proceedings. My lawyers didn't help with the case and I had no idea what else to do. I spent time on the streets, made my way back 4 states to receive help from family, and have had trouble being reemployed (partly due to my record, and in part the economy). My ex had a child, I wasn't tested for paternity, but assumed it was only possible she was pregnant by IVF due to her history. Now I'm trying to get my life together, and FL has revoked my license due to nonpayment of support. I feel terrible for the child, but in no way can I deal with the mother. Can I give up rights? What should I do? How can a woman have a man she pushed around for years locked up, claim abuse, and have herself knocked up with his kid while he's imprisoned?
Sincerely,
-stressed in VA
1 Answer from Attorneys
If the child is not yours, you have a right under Va. Code Sec. 20-48.10 to
request a hearing on the matter and, if merited, have a paternity test ordered
by the court with whatever follow up adjudications are appropriate as a result of the test results.
However, if the child is a resident of Florida, you will have to go through Florida courts on the matter, very likely using a Florida statute analagous to the Virginia one cited above.
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