Paternal Presumption In Virginia

If a baby is born into circumstances where there is more than one potential biological father, what is the presumption in Virginia? Experienced Virginia family lawyer Michelle Hopkins offers insight on this matter in her latest blog.

What Is the Paternal Presumption In Virginia?

In Virginia, if a baby is born to a woman who is legally married, her husband is presumed to be the father of that baby if the parties have been married at least ten months prior to the birth of the child. In some circumstances, even if the parties are separated, the baby would be considered his legally.

What Should The Biological Father Do?

The biological father would need to consult with an experienced family law attorney such as Michelle Hopkins on how to take legal action to lay claim to his child if that child was born to a woman married to another man.

The biological father would have pressing concerns; the legal husband of the woman carrying his baby would have legal rights to the child. That means that if the husband wanted to keep the child from him, he would be able to do so.

What Should A Husband Do When A Baby Born To His Wife Is Not His?

It is recommended to have a consultation with a good family lawyer such as Michelle Hopkins as soon as possible, as action should be taken promptly.

If a husband is unsure if a baby born to his wife is his, he should proceed with caution before acknowledging his paternity, such as signing a birth certificate, or publicly announcing the baby, such as posting about the birth on social media. In Virginia, if a man acknowledges paternity, his actions may impact his case.

If a husband is not the father of a baby born to his wife, he should initiate the process to disestablish his paternity as soon as possible to avoid being responsible for child support.

How Can The Hopkins Law Firm Help Me?

The Hopkins Law Firm lawyers Michelle Hopkins and Sydney Remaily are highly experienced in family law matters in Prince William County, Virginia, Fauquier County, Virginia, and surrounding areas. Please do not hesitate to contact their office today at 571-248-2210 or info@mhopkinslaw.com to schedule a consultation. Michelle Hopkins and her legal team are waiting to help you!