Legal Question in Family Law in Virginia
My boyfriend and I have a beautiful 6 month old daughter. We have NEVER been married and we have Never been to court for a custody hearing (which I was told gives me full custody of her.) I have never kept him from seeing his daughter and I allow him to come and visit whenever he like. He doesn't pay child support but do what he can for her when he can. My question is do I have to let him remove her from my home for a visit when he wants to see her? About 2 months ago she started this screaming thing whenever she is in his company too long. When he hold her she will start off laughing and playing and about 30 minutes later she will begin crying, sometimes he will look at her and laugh (which will then cause her to scream) or he will give her back to me when he can no longer handle it. I have left the home while he was visiting (because he says she only act that way because I am around) and he has called me to come and get her. With me knowing that this is happening, do i have to allow him to remove her from my home when he comes to visit her? He think that I do just because he is her father.
1 Answer from Attorneys
The answer is, no, you do not (absent a valid visitation order
giving him such a right).