Legal Question in Family Law in Virginia

I just recently broke up with my ex. We lived together and had a child together. He acknowledges the child as his own verbally to others, however he refused to sign the birth certificate and requested a paternity test. since we have broken up, he went ahead and filed for custody. I too filed for custody of the child (after he did). The child is living with me. If I allow him to take her to visit his family - can he refuse to give her back to me until the court date when they establish paternity and custody?


Asked on 6/19/10, 10:55 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

This father at this point is apparently merely a putative(alleged) father and until

paternity is formally established by the court, he has no rights at all with

respect to this child, and therefore, no right whatsoever to keep her

from you.

You should make very sure that he understands this before you allow him

to take her anywhere.

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Answered on 6/20/10, 8:36 am


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