Legal Question in Family Law in Virginia
The man that signed my daughters AOP is NOT her biological father. Which we both knew when we signed the AOP. Ws also listed as the father on te birth certificate. It's been over a year and he never appealed the AOP. Now that I've filed for child support and custody he's fighying it and saying he's not he biological father. Could he get off not having to be there for her and support her or is he still responsible for her? He's retained a lawyer and has requested a DNA test to prove what we already knew. Which is that he's not her biological father??
1 Answer from Attorneys
I suggest that you review Va. Code statute 20-49.10 entitled Relief from legal determination of paternity
At the bottom of this statute you will find the following: "A court shall not
grant relief from determination of paternity if the individual named as
father (i) acknowledged paternity knowing he was not the father,(ii) adopted
the children, or (iii) knew that the child was conceived through artificial
insemination.
Assuming that you can prove (i) by a preponderance of the evidence
to the judge hearing this case, not only should the petitioner's case be dismissed, but the judge should also set the matter down for further hearing(s) on the issues of child support and custody/visitation (in my opinion).
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