Will my daughter be considered legitimate if I marry her father?

Full question:

I live in Virginia with my daughter. I have a boyfriend and we are thinking of getting married. I would like to know if my daughter will be considered as legitimate if I get married to him?

  • Category: Paternity
  • Date:
  • State: Virginia

Answer:

Yes, in Virginia, if a person has a child and later marries the child's other parent, the child can be considered legitimate. According to Virginia Code Annotated § 20.31.1, if both parents recognize the child as their own, either before or after marriage, the child is deemed legitimate. This applies even if the marriage is later deemed null or void. Therefore, if you and your boyfriend acknowledge your daughter as your own, she will be considered legitimate after your marriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Virginia, there is no specific age at which a child can unilaterally decide which parent to live with. However, once a child reaches the age of 14, the court may give significant weight to the child's preference during custody hearings. Ultimately, the court's decision will be based on the child's best interests.