[va] Can Someone Ask Gor Paternity Test 3 Years After Not Taking One In Custody Case.

March of this year will be 4 years since me (52m)and my wife (63f) received a call from dss to pick up our great grandson so he didn't go to foster care. During the custody hearings grand daughter wouldn't do what the court ordered for her to get him back. Before the judge gave us full legal and physical custody she ask for paternity test from potential father. Potential father was incarcerated for shaking grand daughters 1st child from different father so bad he almost died. 1st great grandson survived, has some mental issues and is being raised by wife's daughter. Grand daughter doesn't have custody of either child. Potential father refused test stating family couldn't afford it. Fast forward 3 years. Grand daughter has signed her rights away so we can adopt great grandson. In the process of this currently.
Potential father was released from jail 1.5 years ago. Has never met the child or tried to contact us. Is not on birth certificate. He contacted grand daughter last week wanting to see child. She told him it wasn't up to her. He's threatening to get court ordered dna test. Can he get the court to order the test after he wouldn't do it when court 1st ordered it?