Legal Question in Family Law in Virginia
My husband just found out that he fathered a child 8 years ago with someone he was dating before we met.
The man that was presumed to be the father is still in the child's life and supporting him, etc. My husband and I have three children together. This other child would be 4 for him.
My question is, can the other man that assumed he was the father adopt the child and my husband terminate his parental rights to the child?
If not, what should we do about this situation. I dont even know if the other mans name is on the birth certificate or not. I HEARD that if someone else's name is on the birth certificate then they cannot come after my husband for child support, is this true.
Any advice is welcomed. Im so stressed and hurt and confused.
1 Answer from Attorneys
If the child at issue was born during the marriage of this "man that was presumed
to be the father" to the child's mother, then under Virginia law this man is already presumed to be the child's legal father and with all the rights and responsibilities that attends to such status until a court of proper jurisdiction may find otherwise.
(And, furthermore, in the above-described situation there would be no need
for this man to attempt to undertake a so-called step-parent adoption of this child.)
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