Virginia Law on Paternity Testing
In Virginia, paternity testing laws allow the court to order tests to determine who a child’s father is. The law includes provisions for which party will pay for the tests and how to use the results. The court can also accept testimony, written acknowledgments and other evidence to decide who a child’s father is. Understanding Virginia’s paternity testing laws may assist you in your case.
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Genetic Testing
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One of the most common ways to determine whether a man is a child’s father is to order genetic testing. This testing can be ordered by the court or requested by a party through a motion. In a motion to request genetic testing, the party must allege paternity and provide facts showing it is possible, or deny paternity. If a party requests testing, the court may order that party to pay for the test.
After genetic testing, if the results show a probability of 98 percent or higher, the court will enter an order stating that man is the child’s father. If the results show a probability lower than 98 percent, there will need to be be another method used to prove he is the father of the child in question.
Other Ways to Establish Paternity
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There are ways to establish paternity without using genetic testing. A father and mother can submit a written statement agreeing that he is the child’s father. A mother can show proof that the parties were living together or had sexual intercourse at the time of conception, that the child has been using the father’s last name with his consent, or that the father has claimed the child on government forms such as tax returns.
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Order or Judgment of Paternity
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Once paternity has been established, the court will order the registrar to issue a new birth certificate for the child. The court may also make orders about child support, custody and visitation. Support orders can include expenses for the child, dated from the time the paternity suit was filed or the father was served with support orders. The court may also order the father to help pay for the costs of pregnancy and delivery.
Relief from Judgment of Paternity
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If the court issues a judgment of paternity, the man named in the judgment may request the court cancel it if a paternity test shows he is not the child’s father. When the court cancels the judgment of paternity, it will order the registrar to issue a new birth certificate. The court will also order that all child support payments will stop. Although child support orders cannot be retroactive, the court will make sure support stops immediately.
Males From 14 to 18 Years Old
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Males between the ages of 14 and 18 years old who are named as fathers will have the same rights and responsibilities as adult males under most circumstances.
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References
Resources
- Photo Credit children with father image by Marzanna Syncerz from Fotolia.com
