Legal Question in Family Law in Virginia
Child Support
If you were told by your ex wife that for 13 yrs that you shared a son with her then she decides that she wants a paternity test done and you find out the child you been paying child support for is not yours what leagal rights do you have?
2 Answers from Attorneys
Re: Child Support
You may wish to review Va. Code Sec. 20-49.10 which spells out the relief "from a legal determination of paternity" available to one found to be excluded as the father of the subject child by a "scientifically reliable genetic test".
This relief includes a termination of the obligation to pay child support for the subject child(prospectively applied, only, which means any past support due and owing would still be owed).
Re: Child Support
If the child is not yours you have the same rights as any non parent would have. The legal burden if mother denied you visitation rights is that you would have to prove "actual harm" to the child to be denied visitation with you. Considering the fact that the child has attached and bonded and considered you his only father for his whole life, that standard wouldn't be hard to prove. I do doubt however that you would be awarded any custodial rights.
You will need a good lawyer.
Good luck.
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