How Is Paternity Established in Virginia?

Raising a child is one of life’s greatest and most meaningful responsibilities. But for many unmarried fathers in Virginia, the joy of welcoming a child can be overshadowed by the heartbreaking reality of having no legal rights to be part of their child’s life. It’s devastating to know you’re a parent yet feel powerless to protect or support your child. If you’ve ever felt this way, you’re not alone—nearly one in four parents are unmarried – but there is a way to change it. For many fathers, it begins with one critical step: establishing paternity. But where do you start?

At Mahoney Richmond Thurston, PLLC, we are skilled in helping parents like you navigate these situations. Our team understands how important it is for both parents to have legal rights and responsibilities towards their children. In this post, we’ll explore everything you need to know about establishing paternity in Virginia so you can protect your rights and provide for your child.

What Is Paternity?

Paternity refers to a man’s legal recognition as the father of a child. When a couple is married at the time of the child’s birth, Virginia law automatically assumes that the husband is the child’s father. However, if the parents are unmarried, paternity doesn’t happen automatically. It must be established through legal means to give the father legal rights and responsibilities regarding the child.

Why Is it Important to Establish Paternity?

Establishing paternity in Virginia isn’t just about legalities; it offers meaningful benefits for both parents and the child:

1. Custody and Visitation Rights

For unmarried fathers, being legally recognized as the child’s father is essential to pursuing custody or visitation. Without establishing paternity, you may be unable to petition the court for these rights.

2. Financial and Medical Support

Once paternity is established, both parents are legally required to support their child financially. This can include child support payments to cover essentials and medical expenses, ensuring the child’s well-being.

3. Birth Certificate

After establishing paternity, the father’s name can be added to the child’s birth certificate, formally recognizing the parental relationship.

4. Legal Rights and Responsibilities

A legally recognized father can make important decisions regarding the child’s upbringing, such as education, religion, and medical care. Additionally, the child gains rights to inheritance, social security benefits, and the father’s health history.

How to Establish Paternity in Virginia

There are multiple ways to determine and establish paternity in Virginia:

1. Signing an Acknowledgment of Paternity (AOP)

The most straightforward method is for both parents to complete and sign an Acknowledgment of Paternity (AOP) form under oath. By signing this form, both parents agree that he is the child’s biological father. Typically, this form is signed at the hospital when the child is born, making the process immediate. This form can still be signed later if not completed at the hospital.

2. Through the Division of Child Support Enforcement (DCSE)

Either parent can open a child support case with Virginia’s Division of Child Support Enforcement (DCSE). The DCSE can help parents arrange genetic testing to verify paternity. Once confirmed, legal documentation will officially establish the parental link.

3. Petitioning the Juvenile and Domestic Relations District Court

If an AOP has not been signed and there’s no child support case through the DCSE, a parent can file a petition with their local Juvenile and Domestic Relations District Court. This legal route allows the court to determine paternity and issue the necessary legal orders.

DNA Testing as a Method of Establishing Paternity

When there’s uncertainty or disagreement about parentage, DNA testing is an effective and scientific way to confirm paternity.

How Does It Work?

DNA tests are conducted using a cheek swab from the child, the alleged father, and sometimes the mother. The samples are sent to a qualified lab, such as LabCorp, for analysis.

Cost of DNA Testing

DNA testing through DCSE is very affordable. It typically costs less than $38 per person tested, meaning the process for the child, father, and mother should cost less than $115. If the results confirm paternity, the father is usually required to pay for the testing. If testing proves otherwise or if DCSE ordered the case, the organization may bear the cost instead.

Why You Need Legal Assistance

Navigating the process of establishing paternity can be overwhelming, especially if there are disputes between parents or uncertainty about the biological relationship. Partnering with an experienced family law attorney can make all the difference. Here’s how they can help:

• Knowledgeable Guidance: Experienced attorneys deeply understand Virginia’s laws, ensuring you navigate every step correctly.  
• Streamlined Processes: They simplify complicated legal procedures, from filing petitions to coordinating DNA testing.  
• Advocacy in Disputes: If disputes occur, skilled attorneys will advocate for your rights and work to preserve your relationship with your child.  
• Emotional Support: Divorce and custody battles can be emotionally draining. A compassionate attorney understands your concerns and provides emotional support throughout the process.

Having an experienced family law attorney on your side not only gives you peace of mind but also increases the chances of a successful outcome in your case.

Protect Your Rights as a Parent Today

Paternity is more than just a formality. It’s a path to securing your rights, being involved in your child’s life, and building a foundation for their future. Whether you’re looking to be an active part of your child’s life or need to ensure financial support, taking the time to understand and establish paternity is one of the most important decisions you can make.

If you need help establishing your paternity in Virginia, the knowledgeable family law attorneys at Mahoney Richmond Thurston, PLLC, are here to help. Reach out today for a confidential consultation, and take the first step toward building a better future for you and your child.