Brown v. Commonwealth Ex Rel. Custis

The dispositive issue in this case is whether in Virginia the paternity of a child not born of a lawful marriage can be determined in any manner other than in accordance with the provisions of Code § 20-61.1, which concerns the support of the children of unwed parents.

Kathy Joan Custis filed a petition in the Juvenile and Domestic Relations District Court of Gloucester County seeking support for her infant daughter from Randolph Taylor Brown, allegedly the father of the child. The district court ordered Brown to pay $25 a week for the support of his dependent child, and Brown noted an appeal…