Legal Question in Constitutional Law in Virginia
unwed father's rights vs husband's rights
A child is concieved by a single man and single woman. The man then tries to do the right thing and enter into marriage with the woman-but is spurned. The woman then marries another man prior to the birth of the child. The child is born into the marriage of the second man. The first man is the biological father and tries to assert his rights to his child-both before and after the birth. He is given no rights to access based on the child being born into the marriage of another.
How do the rights of the biological father compare to the rights of the husband?
1 Answer from Attorneys
Re: unwed father's rights vs husband's rights
You need to insititute a paternity action. Until you are found to be the father of the chld, you have NO rights with respect to that child. A child born during a marriage is presumed to be the "issue" of the married couple, so if you want a relationship with that child, you're going to have to go into court and get it dealt with.
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