Legal Question in Family Law in Virginia

Paternity while still married

My wife left me 6 months ago and we are not divorced. I just found out she is pregnant by her boyfriend. Am I considered the legal father if we are not divorced when she has the child?


Asked on 1/14/07, 1:13 am

2 Answers from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Paternity while still married

Virginia law presumes that any child concieved during the marriage is the husband's but it is subject to rebuttal. DNA evidence is easy enough to prove the child is not yours. You would have legal responsibilities until the Courts determine that you are not the father.

If you wish to take preemptive steps, see a good lawyer, or you could wait until she asks for child support, if she ever does.

Good luck.

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Answered on 1/14/07, 11:23 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Paternity while still married

Yep, you're the presumed father of any child born of your still extant marriage until that presumption has been successfully rebutted in an appropriate court of law by the introduction of the results of a "scientifically reliable genetic test" or other clear and convincing evidence which establishes that in fact you are not the subject child's father.

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Answered on 1/14/07, 8:43 am


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