Legal Question in Family Law in Virginia

Child custody

Does a father stand a chance of obtaining legal custody of a child born out of wedlock if he was married to someone else and they wish custody and what is involved or has to be proven?


Asked on 4/29/01, 9:48 pm

1 Answer from Attorneys

Lisa Lane McDevitt McDevitt Law Office

Re: Child custody

Yes. You have just as good of a chance as the mother. In fact, in some cases you may have even a better chance if you argue that a parent is better off in a two-parent home. Does your wife stay at home? Are there other siblings? This could all work to your favor. That being said there is never any guarantee to custody but the mother is not favored over the father. The court looks to determine what is in the best interest of the child. If you can show a stable home environment (now the adultery may work against the stable home environment, but I'd have to talk to you more about that to determine how best to present the evidence), and a loving home for the child then that is important. At the absolute very least you should have visitation! If you have questions feel free to call me at 301-652-0663 in Maryland or 703-598-9220 in Virginia. Good luck.

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Answered on 6/20/01, 5:32 pm


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