Legal Question in Family Law in Virginia
signing over paternity rights
I will try to make this short.. my fiance was with someone five years ago.. she got pregnant but was sleeping with 5 other guys.. the week the baby was born he asked her to take a paternity test and she said no need she had another guy test and he was 100% the father. She even called 2 years ago to see how he was and told him her and the guy had ANOTHER baby.. now 5 years later she is telling ppl he may be the father.. its not fair to him or the child to try and come into his life now... is it possible to sign over his rights under the circumstances without having her consent? Is it up to the courts or completely up to her? I believe the other guy left her and now she just wants someone to pay.. the other guy is on the birth certificate.. she has not yet contacted him about the situation.. she is just telling other people.. we just want to know what to expect if it does come up. we are about to start our new life together and have kids in a couple years.. and the child thinks someone else is his father.. my fiance` thinks the right thing to do.. would be to turn over his rights... what can we do? We are not going to persue her.. bc it may just be bc she heard he was getting married you never know with some girls.. please help!
1 Answer from Attorneys
Re: signing over paternity rights
No, your fiance's proposal "won't fly".
Under our system of domestic relations law, parental rights or obligations are
not "turned over or signed over" by the potential obligor's signing of a piece of paper(even one that has been notarized).
Such a serious undertaking can only be decided by a court of proper jurisdiction after the particular matter has been brought before it in the manner required by the relevant law and procedure.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
