When a married woman gives birth to a child, the father is automatically assumed to be the mother’s husband. Because there is no presumption of paternity when a child is born outside of marriage, the father has no legal rights. Until paternity is proved, the child will be without a father legally.
Furthermore, if the father’s name is not on the birth certificate of a child, he is not entitled to visitation rights or custody of that child. It has far-reaching implications, including the father’s parental rights and the mother’s capacity to receive child support payments. He is also unable to provide any benefits to the child, such as health insurance, veterans’ benefits, or inheritance.
How to File a Father’s Rights Petition in Virginia
If you want to petition for a father’s rights, you need to make sure you follow certain steps. These crucial procedures are as follows:
1. Establishment of Paternity
It is vital to demonstrate paternity in order to be entitled to the rights that come with being the father of a child. Paternity is the legal term used for defining fatherhood. When a married woman gives birth to a child, the father is automatically assumed to be the mother’s husband. If a kid is born to an unmarried woman, however, the child does not have a legal father until paternity is confirmed.
You must establish paternity legally as soon as you can. This can be accomplished by submitting a verifiable petition to the relevant court requesting recognition as the child’s father. After that, you can provide paternity evidence to the court.
The following steps can be taken to establish paternity:
a. Signing an Acknowledgement of Paternity (AOP)
AOPs are voluntary paperwork that you and the mother must sign in front of a witness. They are usually found in the hospital. You can fill this out later if you don’t want to fill it out at the hospital.
b. Getting your DNA tested
Genetic testing, including blood testing, is available to confirm that you are the biological father of a child with a 98% certainty. You can pay for a test through a private lab or refer the case with the Department of Social Services and have the Commonwealth analyze the data.
2. Visitation or Custody Requests
You can request visitation or custody after paternity has been proven. Remember that when determining custody, Virginia courts will consider who the child’s primary caregiver is. The sooner you establish paternity after the child is born, the more difficult it will be to prove that one parent is the primary caregiver. This will allow you to spend more time with your child.
3. Getting Child Support
Both parents must contribute financially to their child’s well-being. However, depending on how much time you spend with the child, you may be entitled to child support payments.
Working with an expert family law attorney can assist you in taking the legal procedures necessary to ensure that you get the rights you deserve in the most efficient manner possible.
The Advantages of Establishing Paternity in Virginia
Having a father identified on the child’s birth certificate isn’t enough to establish paternity. When paternity is proven, it benefits the child, the mother, and the father.
Paternity establishment enables children to:
- maintain a positive relationship with both parents
- know about your family’s history, including medical records;
- receive medical insurance as well as other benefits such as Social Security, life insurance, Veterans’ benefits, and inheritance.
Having paternity established allows moms to:
- share parenthood’s obligations, and
- share the financial burden of parenting their child (when paternity is proven, the mother can file for child support in court).
Having paternity established grants fathers the right to:
- obtain legal custody of their child (like being able to ask a court for custody of or visitation with their child)
- demonstrate that they care about their child
- build a relationship with their child, and
- be involved in their child’s life.
Paternity Verified
If paternity is proved, the parent is considered the legal father of the child and has parental rights and duties. These fathers can now seek legal custody and/or visitation rights with their children.
Contact a Virginia Paternity Lawyer today!
If you are expecting a child with someone you are not married to, it is critical that you safeguard your rights. Holcomb Law, P.C. can help you. To speak with an expert family law attorney, call (757) 656-1000 today.
Our attorneys can assist you sift through any problems you may have, file the proper paperwork, and guarantee that your rights are protected in Virginia.
