Commonwealth, DSS v. James Flaneary

COLEMAN, Judge.

The Department of Social Services, Division of Child Support Enforcement (DCSE), appeals the trial court’s order finding that the evidence failed to prove that James Flaneary is the father of Gerald Lee Overby and dismissing DCSE’s petition for child support. DCSE contends that Code § 20-49.1(B) requires that when DNA test results show a probability of paternity of 98% or greater, the trial court must treat the results as the equivalent of a judgment finding paternity and, therefore, the trial court erred by finding nonpaternity despite DNA test results showing a 99.92%…