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Visitation rights after a paternity test

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Lizzy77

Guest
What is the name of your state? Virginia

My husband recently found out that his son is not his biologically. He is nine years old and has been paying child support and visiting with him since he and his ex divorced. My question is how can he continue his relationship with him and would he have to continue child support in order to do so?

Thank you,

Lizzy77
 
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I AM ALWAYS LIABLE

Senior Member
Lizzy77 said:
What is the name of your state? Virginia

My husband recently found out that his son is not his biologically. He is nine years old and has been paying shild support and visiting with him since he and is ex divorced.
My response:

Of course this happened in Virginia. The land of the skanks and the "Duh-yup" mountain people.

IAAL
 
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Lizzy77

Guest
IAAL,

Thank you so much for your oh so mature comment. I came to this site because I thought it would offer some legitimate advice not insults.
 
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Grace_Adler

Senior Member
Lizzy, if he was married to her when the child was born, he is the legal father. If not, then he isn't.

How long have they been divorced? If it's not long and he can prove through a paternity test that the child is not his, I don't know if he has a shot at having the child support stopped or not. You'll need to talk to an attorney about that. I've heard of it happening however. I've also heard of people suing the other person for the money they paid in child support when the child was not theirs and winning. It probably doesn't happen very often however.

How did he find out the child is not his?

If it is just because she said so, then he'll need more then that. He needs a paternity test which he really needs a lawyer to help him file a suit for one. The lawyer may even tell him it's too late if too much time has passed. Which means he will still be on the hook for support but it is possible for him to still recieve visitation.

Is there a visitation or custody order now?

If it has been proven to the court the child isn't his, it may be possible that he will not be awarded visitation.

It's just an iffy situation. I think it's best to go speak with an attorney.
 
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Lizzy77

Guest
We found out the child was not his through a private, home paternity test. He had his doubts about paternity for a number of years. They were married a few months before the child was born but not when the child was conceived, if that makes any difference at all.

They have been divorced for six years now and she has court ordered custody and he has visitations throughout the year.

Thanks for any advice or experiences you have
 

Grace_Adler

Senior Member
As far as I know, he is the legal father because the child was born when they were married. Even in some states, if you weren't divorced within a certain amount of time after the child was born, you are still the legal father. In a state like mine, it's impossible to do that because you have can only get divorced after 1 yr of separation so you are pretty much on the hook.

It is most likely too late to get out of paying any support, etc. Also, the paternity test would need to be one approved by the court and a judge and you would have to find out if the home test is or not.

If you feel more comfortable talking to an attorney, then I would suggest doing so. I think VA has a bar referral association that you can call and they can refer you to an attorney for a reduced fee.

He is still entitled to visitation/custody however. If she ever goes against the order, he can have her held in contempt.

Good luck with everything.
 
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dawn33

Guest
visitation rights after a paternity test

lizzy...not speaking for VA, but in the state i reside in (IL) visitation and child support are separate issues.

if he has court ordered visitation, he'll continue to have it unless she takes him to court to have it taken away.

same goes for the child support. he'll have to take her to court to have it discontinued and monies paid back from past support. in some states, like mine, paternity is established in the hospital. if he's signed papers in the hospital (voluntary paternity forms) then the courts can hold him liable for child support regardless of paternity. if he has her pay back the support, the court will have to order a certain amount depending on her income.

the real ? is...does he still want to pay child support and visit with the child???

i don't really know of any situations where they have the bio father pay support but grant visitation with the non-bio father. or the opposite, let the bio father have visitation and letting the non-bio father pay support. they usually go hand-in-hand, who's granted visitation is the one responsible for support of the child. they can exist, but i'm sure they are rare.

i would suggest seeking an attorney to get the details of the family laws in VA. good luck to you...dawn
 

Grace_Adler

Senior Member
He's automatically considered the legal father because they were married. Also he would not have signed an AOP as they were married.

There was a member on here whose husband or boyfriend, not sure which he was had a child with another female, and I don't believe they were married. He was court ordered to pay support and he did for a long time. A DNA test proved the child was not his. The court ordered the support to stop. He however, had to take her to civil court to sue her for all the support he paid to her and he won. He may not ever see all that money though.

So it's not unheard of, just rare.

However, speaking from what I have heard and witnessed, there is a good chance they he will be stuck with paying support because the lawyer or judge may tell him this should have been addressed at the time of the divorce. Basically they are just looking for a "scape goat" in case the child ever goes on welfare, they will have someone to go after to pay it back. That's why I say I think too much time has passed for him to be able to do anything. I'm not sure. I think he should seek counsel just to make sure.
 

kat1963

Senior Member
Virginia allows for genetic testing before the 18th birthday regardless of previous marital status. The court has the power to overturn the original order, unless the petitioner KNEW before signing acknowledgement of paternity the child was not his, adopted or conceived by artificial insemination. The petitioner will be required to pay for the test. Relief from child support will only be awarded back to the date of filing. Virginia allows for any interested party to petition for visitation. See a good FAMILY LAW attorney as these stone tablets are hard to chisel on your own. :)
KAT
 

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