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Family and Marital Law

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Virginia Paternity Questions

  • The father of my child denies that he is the child’s father.  What can I do to prove he is?

You may file a petition, under oath sworn before a notary public, that you are the child’s parent and request that the court order the child’s alleged father to submit to genetic testing to determine whether or not he is the child’s father.  This petition can be filed with the Juvenile and Domestic Relations Court of the county in which you reside.

Your motion must be accompanied by a sworn statement that alleges paternity and sets forth the facts establishing a reasonable possibility that you and the child’s father had sexual relations around the time that the child was conceived.  

  • My wife and I were recently divorced and I was ordered to pay child support for my daughter, who I now suspect is not my child.  Is there anything I can do to get out of paying this support?

You can file a petition for relief from paying child support with the Circuit Court in which the divorce was finalized.  The court may order you and the child to submit to a scientifically reliable genetic test to be performed that you will have to pay for.  If it is determined that you are not the father of the child, the court may set aside your obligation to pay child support as of the date on which your former spouse was served on your spouse.