Paternity refers to the legal recognition of a child’s father. It affects more than just a name on a birth certificate. Establishing paternity defines a father’s rights and responsibilities, influences custody and visitation arrangements, and determines whether a child can receive financial support, medical coverage, and inheritance rights.
At Surovell Isaacs & Levy, our family law attorneys assist parents in Fairfax and throughout Northern Virginia in resolving paternity issues with clarity and care. Whether you are seeking to confirm paternity, challenge a claim, or understand how it impacts custody and support, we will guide you through each step of the process. Contact us today to consult with a dedicated paternity lawyer.
Why Paternity Matters
Paternity is central to both a child’s future and a parent’s role. Once legal fatherhood is established, important rights and obligations follow:
- For the child: access to financial support, health insurance benefits, inheritance rights, and an accurate family medical history.
- For the father: the ability to seek custody and visitation, participate in important decisions about the child’s upbringing, and build a legally recognized relationship.
- For the mother: confirmation of financial support obligations and shared parental responsibility.
Without legal recognition, a father cannot enforce custody or visitation rights, and a child may lose access to key benefits.
How Paternity Is Established in Virginia
There are several ways paternity can be established under Virginia law:
- Voluntary Acknowledgment–Both parents may sign an Acknowledgment of Paternity (AOP) form at the hospital when the child is born or at a later time. This creates a binding legal determination unless challenged within a limited timeframe.
- Presumption of Paternity–If the mother is married when the child is born, her spouse is presumed to be the legal father.
- Court Order–When paternity is disputed, a judge may order genetic testing. The court then issues a ruling that confirms or denies paternity.
- Administrative Process – Virginia’s Division of Child Support Enforcement (DCSE) can also assist in establishing paternity and enforcing support obligations.
Each option has specific procedures and deadlines, which is why having legal guidance early in the process is essential.
When Paternity Is Contested
Not every case is straightforward. Disputes may arise when:
- A man denies being the biological father of a child.
- More than one individual claims paternity.
- A mother or guardian challenges an existing presumption of paternity.
In these cases, DNA testing is often used as evidence. Courts consider test results, along with other relevant facts, before issuing a decision. Because the outcome affects custody, visitation, and support, these disputes can be both emotionally charged and legally complex. Having an attorney by your side ensures that your rights are protected and that the process is handled fairly and equitably.
Paternity and Custody or Support
Once paternity is legally established, it has a direct impact on custody and child support matters.
- Child Support: Virginia law requires both parents to contribute financially to their child’s needs. Support is calculated using guidelines that take into account income, health insurance costs, and childcare expenses.
- Custody and Visitation: Fathers gain the right to petition for custody or visitation once paternity is confirmed. Courts will evaluate the arrangement that serves the child’s best interests, balancing stability, parental involvement, and the child’s overall well-being.
Resolving paternity questions early helps ensure that a child receives support and has the opportunity to build meaningful relationships with both parents.
How We Can Help
At Surovell Isaacs & Levy, our family law attorneys provide counsel in situations such as:
- Filing or defending paternity actions in Virginia courts.
- Assisting with voluntary acknowledgments or administrative proceedings.
- Ensuring child support orders are accurate and enforceable.
- Helping fathers assert their right to custody or visitation.
- Protecting mothers and children against false claims or ensuring support is provided.
We know every family’s circumstances are unique. That’s why we take the time to listen, clearly explain your options, and tailor our approach to your goals.
Speak With a Virginia Paternity Lawyer
Questions about paternity should not go unanswered. Legal recognition of a parent-child relationship benefits everyone involved and provides stability for the future. If you need help establishing, contesting, or enforcing paternity in Northern Virginia, we are here to assist you.
Contact Surovell Isaacs & Levy today to schedule a consultation with one of our family law attorneys. Together, we can take the steps needed to protect your rights and your child’s best interests.