Legal Question in Family Law in Virginia

What If I'm Not The Father

I married my ex wife in 2002. We have two children together who are 6 and 4. We have gone to court several times in regards to custody/visitation and child support and there are orders currently in effect. It has been brought to my attention that the youngest may not be mine. Since I am listed on the birth certificate and we were married so I was assumed to be the father I had no doubts. However now I do. Since I have taken on the responsibility of being the father is it too late to request a paternity test. I believe that some states have a certain amount of time to do so. And that even if the child comes back not being the fathers the man can still be held responsible since he has been acting as a father all along. Would it be to late to ask for paternity results and what would happen if she turns out not to be mine. Is there anything I can do to get the child support that I had paid, or can she get in trouble for paternity fraud. Or would I be able to sue in civil court?


Asked on 11/30/08, 12:11 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: What If I'm Not The Father

Your remedy may be found in Va. Code Sec. 20-49.10 which is entitled "Relief from determination of paternity". You can petition under this statute to have a paternity test ordered and if you're found not to be the father of this youngest child, the court would be empowered to vacate your order to pay current support(but not arrearages)and to order a new birth record prepared, and other relief as might be appropriate.

And, no, you would be unlikely to recover for any of the things which you've mentioned in civil court.

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Answered on 11/30/08, 11:42 am


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