Legal Question in Family Law in Virginia
My fiance raised a boy for 3 years believing and was told the child was his. When he separated from his ex wife and they went to court for custody she brought up a paternity test was needed. In turn the child came back not biologically his changed his name from a Jr and removed my fiance's name from the birth certificate. She no longer allows him to see the child or speak to him told the child that his Daddy died. Would he have any chance of winning any kind of visitation for said child?
1 Answer from Attorneys
Yes, unless your fiance's parental rights have been legally terminated, as "a person with a legitimate
interest" as defined in Va Code Sec. 20-124.1, he may have a legal basis to pursue and
secure a right of visitation with the child at issue in this case.
Your fiance would appear well advised to seek a consultation with a Virginia attorney who handles
domestic relations matters, and who should be able to advise him, accordingly.