I think you are asking about a person who believes he is the father of a child, but is not. There are times when a man is presumed to be the father and having no reason to believe otherwise, becomes a party in custody, visitation and support litigation, and order. In Virginia, relatively recently (within 10 years or so), once a man is adjudicated (mistakenly) the father, there was no way to correct the miscarriage of justice. Men that have been paying child support for years, and then proven not to be the biological father were ordered to continue to pay child support because the matter was previously settled. That situation has been fixed so a person can now file for a determination of paternity by testing. If the DNA shows that he is not the biological father, he will be relived of paying support (he can’t get his money back for prior support); and he may ask the court for custody and visitation which, if he was a good or just fair parent, he would likely get visitation.
Kenneth A. Moreno, VSB#37686
1553 S. Military Hwy, Suite 100
Chesapeake, VA 23320
(757) 486-1938
Only licenced in Virginia
Answered on Jan 19th, 2013 at 11:17 AM