Legal Question in Family Law in Virginia

child custody jurisdiction

i am currently pregnant 14 weeks & seperated from my husband , i moved out of state (Illinois) and i am currently living in Virginia , when the baby is born what state will have jurisdiction over him ? can i file for custody without my husbands name on the birth certificate ? he is refusing to acknowledge the child is his


Asked on 7/27/05, 10:32 am

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

Re: child custody jurisdiction

Virginia will have jurisdiction for purposes of custody, assuming that you will continue to reside in the Commonwealth six months or longer after the child's birth.

Also, you needn't concern yourself about "filing for custody" after the child is born; the law already presumes that you are a fit and proper

parent and no court order will be required to

officially demonstrate this factual presumption.

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Answered on 7/27/05, 5:30 pm


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