Parental rights of a third party

[Rpomerleau]

My jurisdiction is: Virginia

I am seeking some advise on my current situation.
Background
My wife had an affair and got pregnant as a result of the affair. A paternity test was done to rule my out as the father (I am not the father). My wife and separated for 4 months during her pregnancy during which she gave birth. My wife and I have now gotten back together and are seeking counseling for our marriage and are going to stay married.
The Situation
I'm am not sure if the following issues play a factor but I am listing them to get better advise.
Factors

My wife and I live in Virginia​

My wife gave birth in West Virginia​

On the birth certificate there is no father listed​

On the birth Certificate the third party's last name was given to the child​

The third party has been providing some money for the child and is allowed visitation by me and my wife​

No paternity test has been done to say that the third party involved is the parent​

Question I have
Being the primary care giver to the child and that the child lives with me my wife and my son what are my rights as a parent or legal guardian?
Can the other party seek custody?
What are their rights?
Can my wife and I get them legally to give up custody?
Can my wife and I prevent them from seeing or being a part of the child's live?
I know the above sounds cruel and wrong but I feel it is better for the child and my family not to have this third party around.
One last question
Do I have any legal leg to stand on in this custody?

Please Advise.
Thanks in Advance

 

[Duranie]

you'll need to do some googling or ask an attorney to see what the time frame is to legally dispute paternity. You are the legal father. This other man has no rights until he goes to court and files a paternity suit. It is a little strange that there is no birth father listed but yet she gave the child this man last name. That makes no sense and most states would just put you as the father but I am not sure how VA works.
I
t is really not in the childs best interest to continue this relationship with this other man if you plan on taking full responsibility for the child. Until this man takes you to court and established paternity he has no rights.

You need to know though that should your marriage not work out, you may be responsible for child support since you wish to remain the childs legal father. You likely cannot back peddle out of this a year or 2 down the road.

Good for you for staying in this marriage in which your wife went out and got pregnant by another man. Not many men would put up with that. I hopw this works out for you.