Legal Question in Family Law in Virginia

I was separated from my husband and was seeing another man. I found out i was pregnant and really was pretty sure who the father was but not positive. When I delivered the baby the hospital said I had to put down the name of my husband at the time because we were still legally married. I did. In my divorce papers it states that the baby is not his and that I will ammend the name. I havent yet. I moved from that state (ohio) to virginia and rented a house with all 3 of my children, 2 from previous marriage and 1 that I just had. I still get along with the probable babys father, he is why I moved to Virginia, he lives there. Now I am ready to change the name to the correct bio father and Im scared. Im scared to say that I didnt say who it was in the first place. I really wasnt sure. Im scared because I was on Medicaid at that time and they will probably go after him for the costs... and now we are thinking of moving in together and trying to maybe get married but I am affraid that he will be responsible for all these costs and Child Support while we were not living together.... what should I do?


Asked on 3/27/10, 11:02 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, in regard to the (probable) biological father of child #3, paternity must first

be properly established (most likely by way of a court-ordered DNA test) before he could be assigned responsibility for costs associated with the support of this child which could not be retroactively assessed and which would only apply prospectively from the date that he was legally adjudged to be the father.

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Answered on 4/01/10, 6:34 pm


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