Establish Paternity Lawyer New Kent County, VA
You have a child, but you are not married to the other parent. You want to be a legal father—to have the right to custody, to visitation, and to make decisions about your child’s upbringing. But until paternity is legally established, you have no enforceable rights under Virginia law. Law Offices Of SRIS, P.C. helps parents in New Kent County take the legal steps needed to protect their relationship with their child. Reach our location at (888) 437-7747 to schedule a consultation.
Your Strategy Options for Paternity Matters
There is no single “right” way to establish paternity in Virginia. The approach Mr. Sris and his Of Counsel recommend depends on your goals—whether you are seeking custody, visitation, or simply to formalize your parental status. In some cases, both parents agree and are willing to sign a voluntary acknowledgment of paternity. That document, once filed with the Virginia Department of Health, carries the same legal weight as a court order. In other cases, one parent contests parentage, and formal court proceedings before the New Kent County Juvenile and Domestic Relations District Court become necessary.
If there is a dispute, the court may order genetic testing. Mr. Sris and his Of Counsel work to guide you through each step, from filing the necessary pleadings to presenting evidence at a hearing. They concentrate their practice on family law and understand how the procedural rules in New Kent County affect paternity cases. Their role is to help you assert your rights under Title 20 of the Virginia Code without overcomplicating the matter.
What to Expect: The Paternity Establishment Process in New Kent County
Proceedings to establish paternity in this locality are typically heard in the New Kent County Juvenile and Domestic Relations District Court at 12001 Courthouse Circle. If the paternity matter arises within a divorce or equitable distribution case, the New Kent County Circuit Court has jurisdiction. The courthouse sits along I-64 between Richmond and Williamsburg, and our Richmond location is readily accessible to clients in New Kent, Providence Forge, and Quinton.
The process usually begins with the filing of a petition. Once the case is docketed, the court will schedule a hearing. If genetic testing is warranted, the court can order DNA samples from the child, the mother, and the alleged father. The results are typically dispositive, but legal advocacy remains important: objections to the chain of custody, the timing of the request, or the reliability of the testing process may affect the outcome. Mr. Sris and his Of Counsel handle these procedural aspects while keeping you informed of what comes next. The timeline varies depending on the court’s calendar and the complexity of the matter, but an experienced family law lawyer can help keep the case moving forward.
Legal Stakes: What Happens After Paternity Is Established
Once paternity is legally determined, a range of rights and obligations takes effect. The father gains standing to seek custody and visitation. The child becomes eligible for support from both parents—including health insurance coverage, inheritance rights, and access to benefits such as Social Security or military benefits. At the same time, the child support guidelines under Va. Code § 20-108.1 become applicable, and the court can enter a support order.
For a parent who wants to be involved in the child’s life, establishing paternity is the foundational step. Without it, a father has no say in where the child lives, what medical care the child receives, or how the child is schooled. Mr. Sris and his Of Counsel understand the stakes and work to achieve a resolution that protects both the parent-child relationship and the child’s best interests. Because paternity findings are often the linchpin for later custody and support modifications, getting the initial proceeding right matters.
Why Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since founding the firm in 1997. He is a former prosecutor and concentrates his practice on family law, including paternity, child custody, and support matters. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to family law cases, with 4,739+ documented firm-wide results. Results may vary.
In New Kent County, the firm has documented 11 case results across all practice areas—all with favorable outcomes. These include five dismissals and six reduced or amended dispositions. While each case is unique, the firm’s familiarity with the local courts and its commitment to thorough preparation contribute to its approach. The Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 serves clients throughout New Kent County. You can reach the firm toll-free at (888) 437-7747.
For a comprehensive statutory analysis of paternity law under Va. Code § 20-49.1 et seq., visit the firm’s main website at srislawyer.com.
Frequently Asked Questions
Can I establish paternity without going to court in New Kent County?
Yes, if both parents agree, you can sign a voluntary acknowledgment of paternity form and file it with the Virginia Department of Health. This form, available at the hospital when the child is born or later through the Division of Vital Records, has the same legal effect as a court order. If either parent is unsure about parentage, however, you should not sign the acknowledgment. Once signed, it can be difficult to rescind. In New Kent County, if there is a disagreement, the matter will be heard by the New Kent County Juvenile and Domestic Relations District Court.
How is genetic testing ordered in a paternity case?
The court can order genetic testing at the request of either party or on its own motion. Typically, the mother, the alleged father, and the child provide DNA samples. The results are usually available within a few weeks. Virginia law presumes paternity if the test shows a probability of 98 percent or higher. However, the testing process must comply with the chain-of-custody and accreditation requirements. An experienced family law lawyer can ensure the test results are admissible and challenge any procedural defects. The court will then schedule a hearing to consider the evidence.
What rights does a father gain after establishing paternity in Virginia?
Once paternity is established, the father obtains the right to seek custody and visitation, to share in decision-making about the child’s upbringing, and to be listed on the child’s birth certificate. He also becomes obligated to provide financial support. The court applies Virginia’s child support guidelines to determine the appropriate amount. Paternity also gives the child inheritance rights, access to the father’s medical history, and eligibility for benefits through the father’s employment or government programs.
Does the mother need to consent to paternity establishment?
No, a mother cannot block a legitimate paternity action by refusing to consent. If the mother disputes paternity, the court can still adjudicate the matter based on evidence, including DNA results. Conversely, if the mother wants to establish paternity but the alleged father denies it, the court can order genetic testing and enter a support order if he is determined to be the biological father. Both parties have rights under Virginia law, and the court’s primary focus is the child’s best interests.
What if I am an unmarried father and the mother plans to move out of state with the child?
If you have not yet established paternity, you may have little ability to prevent the move until you do. Once paternity is adjudicated, you can file for custody or visitation, and the court’s order may include a provision regarding relocation. Virginia law generally requires the custodial parent to give written notice before a move, but that obligation typically arises only after a custody order is in place. If you suspect the mother may leave the area, you should act promptly to file a paternity petition with the New Kent County court.
How long does a paternity case take in New Kent County?
The timeline depends on the court’s docket and whether genetic testing is needed, but straightforward paternity cases can often be resolved within a few months. Uncontested cases—where both parents agree—move the fastest. Contested cases that require testing and a hearing take longer. Mr. Sris and his Of Counsel will work to avoid unnecessary delay while ensuring your rights are protected. Every case is different, so the specific timeline will depend on the facts of your situation.
To discuss your paternity matter with a New Kent County family law lawyer, call (888) 437-7747 or reach our Richmond location. By appointment only. Free parking available at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225.
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.