Legal Question in Family Law in Virginia

Child Custody

My wife has a child from a previous relationship (UN-married). We have been married for 11 years. We have had the child with us for 9 years. The biological father has not attempted to inquire how his son is, send any support for the child, and has only contacted the child four times in the past 9 years. This past June the biological father came with intent to kidnap the child without notice( this man has a violent criminal past with record). Things became heated without incident. Immediately we filed the custody papers with the court. The hearing came and the biological father denied paternity of the child, stating he wants to take a test. The court granted testing, but the child who is 12 doesn't want to go through with any testing. The child�s point was, "why do testing if I'm being denied". Do we have to comply? What are our options? Should we seek counsel? Can this be dismissed?


Asked on 9/16/99, 3:41 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: Child Custody

You could dismiss your petition for custody, but that would not put an end to the matter, since he could go through the same process again -- try to get physical control of the child, etc. You need finality. One of your options is to begin adoption proceedings. If the father denies parentage, he should be quite willing to give his consent rather than go through the paternity test, for which I believe he will have to pay.

Read more
Answered on 9/17/99, 10:08 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia