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 or, if disputed, submit to a DNA test.

The custodial parent may seek child support and the noncustodial parent may seek custody and visitation only after parentage is established.

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

Protection for Unmarried Parents in Virginia: The Basics

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.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Protection for Unmarried Parents in Virginia: Related Resources

• Primary Child Custody Factors in Virginia
• Virginia Child Support Guidelines
• Virginia Child Support Enforcement

Are You an Unmarried Virginia Parent? Get Legal Help Today

There are certain legal responsibilities and protections for unmarried parents in Virginia, such as rules for establishing parentage and child support obligations. If you need help locating a noncustodial parent or have other concerns as an unmarried parent, you may want to contact an experienced Virginia family law attorney for help.