{"id":376895,"date":"2018-11-14T17:18:58","date_gmt":"2018-11-14T22:18:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/protection-for-unmarried-parents-in-virginia.html"},"modified":"2018-11-14T18:05:59","modified_gmt":"2018-11-14T23:05:59","slug":"protection-for-unmarried-parents-in-virginia","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/protection-for-unmarried-parents-in-virginia.html","title":{"rendered":"Protection for Unmarried Parents in Virginia"},"content":{"rendered":"\n
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Protection for Unmarried Parents in Virginia<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Marriage is not a prerequisite to having children, of course. But while the familial relationships within wedlock are typically quite clear, this is not always the case with unmarried parents. The mother’s spouse is presumed to be the child’s father (assuming the child was born during the marriage), but unmarried fathers must either voluntarily declare their paternity<\/a> or, if disputed, submit to a DNA test.<\/p>\r\n

The custodial parent may seek child support and the noncustodial parent may seek custody and visitation only after parentage is established.<\/p>\r\n

The laws that outline the responsibilities of, and protections for, unmarried parents in Virginia include provisions for establishing parentage<\/a> (i.e. paternity), child custody and visitation, and payment of child support. The following is a summary of these laws and procedures.<\/p>\r\n

Protection for Unmarried Parents in Virginia: The Basics<\/h2>\r\n

It helps to know as much as possible about a particular legal process, whether it’s paternity or child support, before embarking on such an action. However, the law is complex and often confusing. The following summary of Virginia laws pertaining to unmarried parents, written in "plain English," will help you make sense of the state’s rules and procedures.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Virginia Code:<\/p>\r\n

Establishing Paternity<\/b><\/p>\r\n

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Voluntary Acknowledgment of Paternity:<\/i><\/b><\/p>\r\n

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  • Unmarried parents (typically the father) may sign a Voluntary Acknowledgment of Paternity<\/i><\/b> (AOP) form prior to leaving the hospital or birthing center.<\/li>\r\n
  • By filing an AOP, your name is added to the child’s birth certificate<\/i><\/b>.<\/li>\r\n<\/ul>\r\n

    Contested Paternity:<\/b><\/i><\/p>\r\n

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    • If the suspected father denies parentage, the mother may file a Petition to Establish Paternity<\/i><\/b> in the Juvenile and Domestic Relations District Court where the child lives.<\/li>\r\n
    • If putative father fails to appear in court or respond to the petition, the judge may enter a "default order" declaring him the legal father<\/i><\/b>.<\/li>\r\n
    • If paternity is disputed, either parent may request an order to compel genetic testing<\/i><\/b>.<\/li>\r\n
    • If the DNA test confirms the putative father’s parentage, the court will establish legal parentage<\/i><\/b> and add the father’s name to the child’s birth certificate.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Rights and Responsibilities of Unmarried Fathers<\/b><\/p>\r\n<\/td>\r\n

Family Law Forms for Unmarried Parents<\/b><\/p>\r\n<\/td>\r\n

Paternity:<\/i><\/b><\/p>\r\n