Legal Question in Family Law in Virginia

Re: common law marrigae

No, common law marriage in not legally recognized in the Commonwealth of Virginia.

Yes, you may have a right to child support under the circumstances described, but you would first need to file a petition in the appropriate court to have a paternity test ordered and the parentage of the putative father regarding the subject child legally established before child support could be ordered by this court.

Re: common law marrigae

You should also know that child support cannot be ordered retroactively to the date of the child's birth, but can be ordered retroactively to the date that you filed a support petition.

So you will want to file your petition for support as soon as possible, and file the request for determination of parentage at the same time.

If he turns out to be the father, he will be responsible for the cost of the paternity test; if not, you will be.

You can also request assistance at no cost from the Virginia Division of Child Support Enforcement. There are pros and cons to this.

http://www.dss.virginia.gov/family/dcse.html