Establishing paternity in Virginia is an important process that enables a biological father to uphold his rights as a child’s parent. This also sets the stage for a father to take care of certain responsibilities, such as paying child support if he’s no longer with the child’s mother.
This state offers three primary ways to establish paternity. Any father who isn’t married when their child is born and who needs to establish paternity should explore these options accordingly.
Voluntary acknowledgment
The simplest option for a father to establish paternity is to voluntarily acknowledge that he’s the baby’s father. This requires that the mother agrees that the man is the father. If that’s the case, they can both sign the Acknowledgement of Paternity form. That form is typically signed at the hospital when the child is born. If it doesn’t occur then, it can be done through the Virginia Department of Social Services (VDSS). This document, regardless of where it’s signed, establishes paternity of the child without the court’s intervention.
Administrative process
If paternity isn’t voluntarily acknowledged, it can be established through an administrative process. The VDSS or the Division of Child Support Enforcement (DCSE) may order genetic testing to determine paternity. If a test confirms that a man is a child’s father, paternity is legally established through the issuance of a court order. This process is often used when a mother seeks child support, and a father hasn’t been legally recognized.
Court order
In cases where there is a dispute over paternity, either parent can file a petition in court to establish paternity. The court may order genetic testing to determine if the man in question is the father. If the test confirms that link, the order is issued, which establishes the father’s rights and responsibilities and also can include arrangements for child support and custody.
A father who wants to uphold his rights as his child’s parent should take these steps as quickly as possible. It’s typically easiest to establish paternity voluntarily, but the other options are often necessary if a voluntary acknowledgement isn’t possible. Because these cases can sometimes become complex, particularly if there’s any doubt about paternity, it’s typically best for a father to work with a legal representative who can help him through the process.