QUESTION
How effective is a DNA test for an unwed father for custody?
Asked on Jun 26th, 2020 on Child Custody - Virginia
More details to this question:
My sons father and I split up almost 2 years ago. I filed for a protective order for my son and I both, and have it until February of 2021. I haven’t been in contact with him but I have heard through mutual friends that He is clean now, been through a rehab treatment and been clean for about 5 months now. The mutual friend has kept me up to date on what his plans are. He had mentioned getting the protective order thrown out by court. Which at this point I am fine with due to his actions recently of getting himself straight. He is not on the birth certificate. If he was to get a dna test what would be the likely hood of him getting visitations? We are in Virginia.
1 ANSWER
As a general rule, DNA is used by the courts to establish paternity. Once paternity has been established, it may give rise to certain legal rights, including custody and visitation. However, the mere establishment of paternity alone is not sufficient to grant automatic visitation. A court will examine the facts of the case and make a decision, which it views as being in the child's best interest.
Lawyers.com offers general information and not legal advice. Legal advice is based upon the law as applied to the facts of your particular case. Since it is not possible to know all of the details in your case, without obtaining further information, it is not possible to answer your question in this forum. The court is concerned with the best interest of the child and cannot make a best interest determination without a review of the statutory factors set forth in Virginia Code Section 20-123.
It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater detail. Lawyers charge by the hour. Therefore you should discuss fees before setting up an initial appointment to avoid any misunderstandings regarding the cost of the initial consultation. Best of luck~
Answered on Jun 29th, 2020 at 8:32 AM