Legal Question in Family Law in Virginia
Custody for two
Hi!
My husband had an affair about 5 years ago and the woman wound up prego with twins! We do not know if my husband is the father! She insisted he is the father but she never asked anything of him because she didn't want anything to do with him! She never asked for anything! Well yesterday we get a letter in the mail asking my husband to appear befor court because he is the potential father of the twins. The boys are 4 1/2 now and we never saw them! He tried to asked about them but she blocked all contact! My husband wants to try to get custody over the children to give them a better live. We are married for 18 years and have 5 kids of our own and a house wich we recently bought. She is on wellfare and a fulltime student and she lost her first daughter to her ex husband. I guess my question is do we stand a chance of custody? If they happen to be his! And the other question what all is taken in consideration for child support and do we have to pay back for 4 1/2 years or does the payment start now? Do they consider our bills and cost of living or do they just take what they see before taxes? Because if they do I am on the streets (No relatives to live with!)
1 Answer from Attorneys
Re: Custody for two
Your husband's chances of gaining full physical and legal custody of these children are very minimal (in my opinion).
You can consult the Virginia Child Support Guidelines online for the factors which the Commonwealth uses to determine child support. And, no, any support obligation which is established at this time would be retroactive no further than the date that the mother's petition for support was filed.
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