By Laura L. McQuesten
You may know who your child’s biological father is and still be unsure whether paternity has been legally established.
Maybe a father’s name appears on the birth certificate, but you are not sure what acknowledgment, court order, or other legal process established paternity or what that means now. Or perhaps one parent is now asking for custody, visitation, or child support, and the question of legal parentage has suddenly become much more important.
For parents in Virginia, establishing paternity is not simply about confirming biology. It can create the legal foundation for rights and responsibilities involving the child, including support and, depending on the circumstances, custody or visitation.
When I speak with parents about paternity, one of the first things I want to understand is whether parentage has already been legally established and, if so, how.
How Can Paternity Be Established in Virginia?
Virginia law provides several ways to establish the parent-child relationship.
Under Virginia Code § 20-49.1, paternity can be established through scientifically reliable genetic testing that shows at least a 98% probability of paternity. It can also be established through a properly executed voluntary acknowledgment of paternity or through an administrative or court proceeding that determines parentage.
That distinction matters because knowing or believing someone is the biological father is not always the same as having legally established parentage.
If you are unsure where things stand, start by identifying any documents that may show whether paternity has already been established. That could include a voluntary acknowledgment, genetic test results, an administrative order determining paternity, or a court order establishing parentage.
Does Signing an Acknowledgment of Paternity Matter?
Yes.
A voluntary acknowledgment of paternity can have significant legal consequences in Virginia.
Under Virginia law, the acknowledgment must be made in writing and under oath, and the parents must receive information about the rights, responsibilities, and consequences that come with signing it.
Either party generally has up to 60 days from the date of signing to rescind the acknowledgment, unless an administrative or judicial order relating to the child is entered earlier in a proceeding involving that party.
An acknowledgment of paternity should not be treated as routine paperwork. Once it becomes binding, it has the same legal effect as a judgment establishing parentage. A later challenge is much more limited and generally requires proof of fraud, duress, or a material mistake of fact.
If you are being asked to sign one, or if you already signed one and now have questions, it is important to determine when it was signed, whether paternity is already legally established, and whether the 60-day rescission period or another legal standard applies.
Does Establishing Paternity Automatically Give a Father Custody?
No.
This is an important distinction.
Establishing paternity can establish a legal parent-child relationship, but it does not automatically decide where the child will live, how parenting time will be divided, or whether custody will be joint or sole.
If custody or visitation becomes disputed, Virginia courts focus on the child’s best interests. Virginia law does not create a presumption in favor of one parent simply because that parent is the mother or the father.
For an unmarried father who wants a formal custody or visitation arrangement, establishing paternity can be an essential first step. But a separate custody analysis may still be necessary.
That is one reason I encourage parents to separate two questions:
Has legal parentage been established?
and
What custody or visitation arrangement is appropriate for this child?
Those are related questions, but they are not the same question.
What Can Paternity Mean for Child Support?
Paternity can also be central to child support.
Once legal parentage is established, child support can be addressed through the appropriate court or administrative process. Virginia law also allows a parentage judgment or order to include provisions concerning support and certain expenses related to the child.
For a parent seeking support, establishing paternity can provide the legal basis for pursuing that obligation.
For a parent who has been identified as the father, it is equally important to understand that support and parenting time are separate issues. Paying child support does not automatically create a particular custody schedule, just as a disagreement over visitation does not eliminate an existing support obligation.
When paternity and support questions arise together, it is important to determine what has already been legally established, whether a child support order already exists, and whether custody or visitation still needs to be addressed separately.
What If Paternity Is Disputed?
Paternity disputes can become stressful quickly, especially when they arise after a child has already developed established family relationships.
If paternity has never been legally established, genetic testing may be used as part of the process of determining parentage. Virginia law recognizes scientifically reliable testing that reaches the statutory probability threshold as one way to establish the parent-child relationship.
The situation is different if there is already a signed acknowledgment, administrative order, or court determination of paternity.
Virginia law places significant limits on challenges to an existing paternity determination. A binding acknowledgment generally can be challenged based on fraud, duress, or a material mistake of fact. Virginia law also provides a process through which a court can set aside certain existing paternity determinations when qualifying genetic testing excludes the person previously identified as the father, but that relief is subject to statutory exceptions. For example, the statute does not allow that relief when a person knowingly acknowledged paternity despite knowing he was not the biological father.
If paternity has already been legally established, you should not assume that a new DNA test will automatically undo that determination. How paternity was originally established, whether an acknowledgment or order is already binding, and the rules that apply to challenging it can all affect what happens next.
Can a Paternity Case Address Custody or Visitation Too?
It can.
Virginia Code § 20-49.8 provides that an order establishing parentage can also include provisions addressing support, custody, guardianship, visitation, or other matters in the child’s best interests.
That does not mean every paternity case will resolve every parenting issue at once.
Sometimes the immediate goal is simply to establish legal parentage. In other cases, one or both parents may also need a formal custody, visitation, or support arrangement.
When several of those issues arise together, I can help you understand how they fit together, which questions may be addressed as part of the paternity matter, and which may need to be handled separately. At The Law Office of Laura L. McQuesten, PLLC, that broader view can help clarify what still needs to be resolved.
What Should You Gather Before Addressing a Paternity Issue?
If you are unsure where things stand, gathering the right documents can make the situation much clearer.
Start with anything that may show whether parentage has already been acknowledged or legally determined, such as:
- A voluntary acknowledgment of paternity
- Birth certificate and related paternity paperwork
- Genetic test results
- Court orders
- Child support paperwork
- Notices or orders from the Virginia Department of Social Services
- Existing custody or visitation orders
You should also think about what issue is actually bringing you to the table now.
Are you trying to establish paternity for the first time? Are you seeking custody or visitation? Is child support being requested? Or are you questioning an existing determination?
Knowing the answer to that question can help determine which legal issue needs attention first.
Speak With a Virginia Beach Family Law Attorney About Paternity
Paternity questions can affect much more than a name on a birth record. They can shape whether legal parentage has been established, whether child support can be addressed, and whether custody or visitation still needs to be resolved.
If you are unsure whether paternity has been legally established or what an existing acknowledgment, test result, or court order means for your situation, I can review the documents involved, explain how Virginia law applies, and help you understand the next steps available.
At The Law Office of Laura L. McQuesten, PLLC, I work with parents in Virginia Beach and throughout Hampton Roads on paternity, custody, visitation, and child support matters. Contact my office to schedule a confidential consultation and discuss your situation.
Disclaimer: The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact the law firm directly.