Legal Question in Family Law in Virginia

Re: Paternity Question

I must dispute Mr. Kaufman's characterization of Virginia law regarding the circumstances under which paternity may be challenged. Section 20-49.10 clearly allows for such challenge even when

a father has formally acknowledged a child as his own unless he has done so knowing at the time that in fact he is not the father of the child so acknowledged.

Re: Paternity Question

Your remedy for relief would appear to be found in Sec. 20-49.10 of the Domestic Relations Title of the Virginia Code. Under this statute you may go to the clerk's office of the Juvenile and Domestic Relations Court and request a hearing to have a genetic test ordered to determine whether or not you are the biological father of the child you have identified as your daughter.

You should be aware, however, that there are certain risks in undertaking this legal maneuver which ultimately could produce certain outcomes which you might not be expecting, such as an order at some later date to pay child support if in fact you are determined by the genetic test results to be the biological father of this child. Furthermore, the wording of the statute makes clear that if in fact you signed the child's birth certificate knowing full well at the time that in fact you were not the child's father, you will not be entitled to relief from the obligations of fatherhood under this statute even if you're excluded by the results of the genetic test.

Re: Paternity Question

Under Virginia law you may challenge paternity if you have not previously acknowledged it, which under your facts you have by signing the birth certificate. You may petition the J&DR court but you would have to show good cause and not just idle curiosity