This girl left her husband got pregnant by another man. Eventually went back to the husband. Claimed the other guy was the father of the child and still does 2 years later. But she put the husband on the birth certificate. She was with the husband at the time of birth.
Virginia presumes that if a woman is married, her husband is the father of the child. To my knowledge, there is not criminal statute against it. It is unclear what your interest in the situation is. If you believe you are the father and want rights to the child, you can file for paternity with the Court. If you are just looking to get the mother in trouble, I'm not sure that there is anything that could accomplish that.
Paternity is a complicated issue.
If husband and wife were married the ten months preceding the birth of the child, the husband is the presumptive legal father of the child under Virginia Law. However, if there is no husband, or if someone else is seeking establishment of paternity who is not the husband, paternity can be established in other ways, including by scientifically reliable genetic tests affirming at least a 98% probability of paternity.
If you are seeking to establish paternity, or if you are seeking to disestablish paternity, you should seek the advice of an experienced family law attorney.
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