Virginia Code

Va. Code Ann. § 20-61.3 (2026)

Consequences of a putative father failing to appear

✓ current as of May 2026

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If a putative father fails to appear after having been personally served with notice, in accordance with the provisions of subdivision 1 of § 8.01-296 or § 8.01-320, alleging that he is the father of a minor child, the court shall proceed in hearing the evidence in the case as provided in Chapter 3.1 (§ 20-49.1 et seq.) of Title 20 as if the putative father were present. The order of the court in any such proceedings shall be served upon the father in accordance with the provisions of Chapter 8 (§ 8.01-285 et seq.) or Chapter 9 (§ 8.01-328 et seq.) of Title 8.01.

1988, cc. 867, 894; 1994, c. 869.

Notes of Decisions

Cited in 1 case, 2001–2001 · leading case: Steven R. Lucas v. CW,DSS,DCSE, ex rel Teresa Becks (Va. Ct. App. 2001).

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Steven R. Lucas v. CW,DSS,DCSE, ex rel Teresa Becks (Va. Ct. App. 2001). · cites it 10× “Appellant next contends the JDR court failed to follow the procedures set forth in Code § 20-61.3. Specifically, appellant contends that because he was not served personally with the show cause summons, the court could not enter a "default judgment" against him.”

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