Legal Question in Family Law in Virginia
Paternity/Child Support
My husband had an affair and a child was born
as a result. The woman married assuming the
father was her husband, however, they separated,
he demanded a paternity test that showed he was
not the real father. She then came to my husband
for a paternity test, he showed 92% positive.
Question: I thought that in the State of Virginia,
if a child was born and a man was raising this
child as his own, he is the one obligated to pay
child support, not the biological father.
Question: I have heard about a recent case where a
woman sued her husband's mistress for "destroying
her family" and won? What are the chances of this
happening and where could I find articles on this?
Question: I was reading in the Virginia Law that
a paternity test had to be 98% positive in order to
be declared the biological father.
Question: The mother didn't come after my husband
until the baby was a year old. Does this matter at
all?
Thanks for your time.
1 Answer from Attorneys
Re: Paternity/Child Support
Child is presumed legitimate until proven otherwise.
92% may not be close enough to prove paternity. I would need to research this.
Alientation of affections was abolished in VA. Can't sue on that here any more.
There is no deadline for proving paternity. It may be established any time.
Call 703-591-1600 if you need more help.
Olivier Denier Long, Esq.
22 Years' Experience in Family Law.
Olivier Long
Law Offices of Olivier Denier Long
10500 Sager Avenue, #B