Legal Question in Family Law in Virginia
child custody
my ex boyfriend who is the father of my two daughters lives in new jeresy i have moved back to virginia now he says he is coming down here and taking the girls back with him and i won't see them again can he do this and do i have to go to new jersey to file for custody or can i do it in virginia
1 Answer from Attorneys
Re: child custody
As the biological mother of your children, you already are presumed to be their legal custodian and there is no need for you to be filing for custody. If and when this putative father appears in Virginia to file for custody of these children, he would first have to get himself established as the children's legal father and then there would be many other "legal hoops", so to speak, for him to jump through, the biggest of which would be proving to the satisfaction of a Virginia court that you are unfit to parent your children and therefore the court in the best interests of the children should award him full custody.
Rest assured, this is simply not going to happen other than, perhaps, him being declared the father of the children, and being ordered to pay child support and, perhaps, given a schedule of visitation, and, furthermore, this man will not be taking any of your children back with him to New Jersey unless he kidnaps them and brings the FBI on his tail
to execute a federal warrant for his arrest.