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.


Asked on 3/30/99, 4:46 pm

1 Answer from Attorneys

Olivier Long Law Office of Olivier Denier Long

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


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Answered on 4/07/99, 3:33 pm


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