Legal Question in Family Law in Virginia

I have a 3 year old son which I recently found out about. The mother is currently in prison and her mother, the childs grandmother is the custodial parent. I was contacted through DCSE to establish paternity and establish a support obligation as the grandmother applied for TANF. In March I went to court to establish paternity and have been spending time with my son whenever I have free time. I was not added to the birth certificate and have filed with Vital Records to do so and also requested information through them for a last name change. I would like to have legal guardianship of my child but do not know where to turn. I do not understand what rights I have or the grandmother has as "custodial parent." It is my understanding that there has been no court hearing for custody regarding my son with the mother or grandmother. Advice please?


Asked on 5/27/11, 3:48 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If your paternity action in March has established you as the legal father of this child, that status as the child's legal father should normally give you rights with respect to custody that are superior to that of the grandmother.

So you therefore should now be in a position to petition the local J&DRDC;court for custody of this child with the grandmother having, perhaps, liberal

visitation.

Nevertheless, if you're still confused as to how you should proceed, arrange to discuss it with a local attorney who handles family law matters

in the area and who should be able to further advise you.

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Answered on 5/27/11, 7:00 am


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