Legal Question in Family Law in Virginia
If a mother is married but separated and has a baby by another man, does she have the right to leave the baby's father's name off the birth certificate? Can she give the baby a different name other than the father's? What rights does the baby's father have in this situation? What should the baby's father do?
1 Answer from Attorneys
If the baby's biological is interested in acquiring legal status and rights with
respect to this child, he should petition the J&DR;Court in the city or county where the child resides to have a paternity test ordered to determine parentage and a child support obligation (if appropriate).
Furthermore, once it's determined that he's the father, he can request that the court order that a modification of the vital statistics form be sent to Richmond
reflecting a name change for the child of which he's been found to be the
father.
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