QUESTION
Do I have any rights to a child born into my marriage, if I'm not the biological father? There is no father listed on the birth certificate.
Asked on Jul 13th, 2019 on Family Law - Virginia
More details to this question:
My wife and I were together for 4 years before we separated. We never got a divorce and it was constantly back and forth for about 4 more years. During that time at the end of the 4 years, she got pregnant by the guy she left me for. We ended up getting back together anyway in hopes to make it work for our other two children months before the baby was born. There is no father listed on the birth certificate. He has her last name. We petitioned the court after he was a few months old to have his last name changed to mine and it was granted. The biological father has not seen him since he was 2 months old and hasn't made an effort to see him. He is now 4 and a half years old. We are now actually separating for good and getting a divorce this time. We were already planning for me to try and adopt him. I still want to do that. Do I have any rights or options to do so here in Virginia?
1 ANSWER
Lawyers.com offers general information and not legal advice. Therefore, if you want legal advice, you should consult with an experienced family lawyer in your area.
As a general matter, if parties are married, children born of that marriage are presumed to be the child of the parties. This legal presumption stands until such time as it is rebutted. If there is doubt regarding the paternity of a child born of the marriage, it is usually resolved by requesting a paternity or DNA test. It may be in your best interest to first determined that you are not the biological father. If you are not the father, you need to look at the available options and decide what is in the child's best interest. What is your goal? For example, if you want a legal relationship with the child, which gives you the right to make decisions, see the child, and spend time with the child, this can be accomplished through a custody order. If you want to adopt the child, you need to confer with an adoption lawyer to discuss the differences between custody and adoption. Adoption will terminate the legal rights of the birth father, thereby, making him a legal stranger to the child. Best of luck~
Answered on Jul 15th, 2019 at 3:44 PM