There is no simple answer to your question and it isn't clear who is telling you everything you describe. Obviously, one or more of the sources for what you have been told is probably wrong or totally confused, but without more facts (including why you want paternity testing anyway) it isn't possible to give a good answer. Clearly the mere fact that the child was born in Virginia is not enough to give VA jurisdiction over anything if no one lives there. If the putative father lives in South Carolina, only a South Carolina court can compel him to submit to paternity testing. That may involve a SC court issuing the order or it may only involve SC enforcing an order issued by another state, probably CO where the child is. Since you don't indicate what your relationship to the child is (if you live in SC and child lives in CO, something is missing from the essential facts) it isn't clear who can initiate a paternity case or where.
Answered on Nov 02nd, 2012 at 11:37 PM