Start with Establishing Legal Fatherhood and Wilson C. Pasley, Attorney at Law
For paternity in Virginia, the legal process and paternal rights begins with determining legal fatherhood. Married fathers automatically gain recognition, but unmarried fathers must take extra steps. They can sign an Acknowledgment of Paternity (AOP) or establish paternity through DNA testing and a court order.
This month, Wilson C. Pasley, PLC Attorney at Law shines a light on paternity in Virginia. We can offer legal counsel on how to establish fatherhood. Without legal recognition, a father has no rights to custody, visitation, or decision-making in the child’s life.
Virginia Court Process of Establishing Paternity
Virginia courts allow paternity to be established voluntarily or through legal action. If both parents agree, an AOP is the simplest method. If the mother contests the claim, a court order may be necessary. The Virginia Division of Child Support Enforcement (DCSE) can also assist in establishing paternity through genetic testing. A court declaration finalizes the legal relationship, ensuring rights and obligations are upheld.
Paternal Rights Include Custody, Visitation, and Child Support Obligations
Fathers who establish paternity gain legal rights to custody and visitation. Courts prioritize the child’s best interests when deciding parental roles. A legally recognized father can petition for joint or sole custody. Even if the mother has primary custody, a father can secure visitation rights. Paternity also creates financial obligations, requiring fathers to provide child support.
Virginia law recognizes that children benefit from both parents’ involvement. A legally recognized father can participate in decisions about education, medical care, and religious upbringing. Fathers can also modify custody or support agreements through the courts if circumstances change.
Challenging or Disputing Paternity in Virginia Courts
Men questioning legal fatherhood can challenge paternity through DNA testing. Courts may also review paternity disputes if fraud or mistakes occurred during acknowledgment. If paternity is disproven, child support obligations may end, but acting quickly is critical due to legal deadlines. Once a court establishes paternity, reversing it can be difficult. If a man believes he was wrongly named as the father, he should seek legal counsel immediately.
Attorney Wilson C. Pasley PLC of Roanoke, VA, offers comprehensive legal services for paternity, guiding you every step of the way. Call (540) 266-1545 or visit us on Facebook. Fathers must have the standing to support, visit, and raise their children under paternity in Virginia’s legal process and paternal rights.
