What is the name of your state (only U.S. law)? Virginia
Hi all!
My name is Sean. Married September 2007, Separated May 2008, Divorced March 2009, all in Virginia.
My Ex-wife has recently had a child by another man. She has not denied that I am not the father; however, since the child was born within 10 months of the divorce, this child may come back to haunt me in the future in case she (or her lawyer’d-up mother) gets malicious and wants to take me to court for whatever reason. The following excerpt was taken from a FAQ on the Virginia Social Services website (http://www.dss.virginia.gov/pub/pdf/dcse_paternity.pdf):
"WHAT HAPPENS IF THE MOTHER IS MARRIED TO SOMEONE OTHER THAN THE BIOLOGICAL FATHER OF THE CHILD? According to Virginia law, the husband of the mother is presumed to be the legal father of her child. If the mother is married or was married up to 10 months prior to the birth of the child to someone other than the biological father of the child, paternity must be established in court. Paternity may not be established by voluntarily signing an AOP form."
What do I need to do to "establish paternity in court?" I do not know what father, if any, was placed on the child’s birth certificate, and I don’t want to contact the Ex unless I absolutely have to. If the biological father’s name and his alone is on the birth cert am I in the clear? It seems to me that would not be possible unless he and my Ex lied to the hospital because he can’t be on the cert without an AOP signed, and he could not have done that per the except quoted above (at least that’s my interpretation). What if he did sign the AOP when he was not legally allowed to, that could open up a whole host of fraudulent behavior eh?
If anyone understands my predicament and can offer any clarity then thank you in advance for posting.
Sean H
Hi all!
My name is Sean. Married September 2007, Separated May 2008, Divorced March 2009, all in Virginia.
My Ex-wife has recently had a child by another man. She has not denied that I am not the father; however, since the child was born within 10 months of the divorce, this child may come back to haunt me in the future in case she (or her lawyer’d-up mother) gets malicious and wants to take me to court for whatever reason. The following excerpt was taken from a FAQ on the Virginia Social Services website (http://www.dss.virginia.gov/pub/pdf/dcse_paternity.pdf):
"WHAT HAPPENS IF THE MOTHER IS MARRIED TO SOMEONE OTHER THAN THE BIOLOGICAL FATHER OF THE CHILD? According to Virginia law, the husband of the mother is presumed to be the legal father of her child. If the mother is married or was married up to 10 months prior to the birth of the child to someone other than the biological father of the child, paternity must be established in court. Paternity may not be established by voluntarily signing an AOP form."
What do I need to do to "establish paternity in court?" I do not know what father, if any, was placed on the child’s birth certificate, and I don’t want to contact the Ex unless I absolutely have to. If the biological father’s name and his alone is on the birth cert am I in the clear? It seems to me that would not be possible unless he and my Ex lied to the hospital because he can’t be on the cert without an AOP signed, and he could not have done that per the except quoted above (at least that’s my interpretation). What if he did sign the AOP when he was not legally allowed to, that could open up a whole host of fraudulent behavior eh?
If anyone understands my predicament and can offer any clarity then thank you in advance for posting.
Sean H
