Legal Question in Family Law in Virginia

Need Advice regarding Paternity 13 years after the child is born.
I am seeking child support for my two oldest children. My ex husband and I were legally married when the child in question was born and he knew there was a chance that the child was not his. He has introduced this child as his and has brought me throught he court for custody repeatedly. When I raised paternity issues to maintain custody he told the judge then that it was a non issue. Now that he is being told to pay support he is questioning paternity and another judge has allowed this. I do not have test results yet but would like to know what recourse I have since the child has been emotionally beat down by all of this. Can I stop him? Will paternity matter after all these years? What can I do now?

Asked on 4/07/04, 1:36 pm

Brian Miller Brian M. Miller, Attorney at Law

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Re: Need Advice regarding Paternity 13 years after the child is born.

Generally a paternity test result will confirm

or release a father's responsibility for support.

It sounds like you will have to see what the results

are in order to plan your course of action. If he

is the father, he will have to pay support. If he is

not the father, and there is no court record of his

accepting paternity, then I see little to no chance he

he would be ordered to pay support. Perhaps if the

tests show no paternity, you could figure out who the

biological father is and pursue support against that

person.

Answered on 4/07/04, 1:48 pm

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