Paternity establishment is the most important component of establishing the well-being of a child. Many unmarried men are unaware of the process to establish the paternity of a child in Virginia. A circumstance could be that In this post, we will explore the timeframes and procedures for confirming paternity.
Please note, that the information shared in the post is intended for informational use only and should not be viewed as legal advice. We recommend that you consult with a Child Support attorney in Virginia to help guide you with the process of establishing paternity within the state.
How long does a father have to establish paternity in Virginia?
It is recommended that paternity be established as soon as possible. However, we recognize that due to certain circumstances, establishing the paternity of a child early may not always be feasible. To our current understanding, there is no specific legal timeframe for unmarried couples in Virginia to establish paternity.
Contesting Paternity
Establishing paternity and contesting paternity are distinct legal actions. When either a mother or a presumed father files a petition to establish paternity, they must appear before a judge. If the judge orders paternity testing, both parties are legally obligated to comply. Failure to follow the court’s order can lead to being held in contempt of court, which may result in penalties such as jail time, fines, or both.
Rescinding Paternity
In Virginia, rescinding paternity is an option for a man who has signed the Acknowledgment of Paternity (AOP) form but later discovers he is not the biological father of the child. However, it is important to act quickly as there is a 60-day window from the date the form is signed to rescind paternity.
To rescind paternity, both the presumed father and the mother must fill out and sign the Rescind Paternity Form. If the mother is unwilling to cooperate, the presumed father should seek legal advice on how to proceed with rescinding paternity in Virginia.
Conclusion:
In summary, Virginia does not have any timeframes in place for paternity establishment. But is important to keep in mind that rescinding paternity is possible if the presumed father is not the biological father. Rescinding paternity can only be done within 60 days of an AOP form and both parents are required to sign the document for the completion of rescinding paternity.
