Legal Question in Family Law in Virginia

My husband had a one time thing with a girl while in high school. She came back later saying she was pregnant when he tried to do the right thing by the child she said she didn't want his help or anything from him. Years later she has been making contact but when he brings up getting a test she gets upset and they don't speak any further. Now she is calling saying the boy is getting older and asking questions and I can't really figure out what she wants. My husband wants to do the right thing to have a relationship with him but he wants to be sure he is the father first. My question is if we get a test done and it turns out to be his son will she be able to ask for 8 years of back child support What are our legal rights if she was against getting a test done


Asked on 10/05/09, 9:52 am

1 Answer from Attorneys
sheryl shane sheryl shane, attorney at law

Child support would begin at the time of filing the petition with the court. Was your husband an adult and she was a child when they had sexual relations? If so, and he takes a paternity test...would there be a person who would bring criminal charges against him for having sex with an underage minor? On the other hand, wouldn't it be nice if the child is his and he accepted responsibility for his actions. Perhaps he should see the child. If the child looks just like him...maybe he can just volunteer support outside the court. If the child does not look like him...it may still be his....but he has some choices to make.

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Answered on 10/10/09, 10:07 am


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