Legal Question in Family Law in Virginia

child custody

I have a child who is 10 months old. Me and the father are not married. His name was not put on the birth cirtifacit but there was a DNA test. Do i haft to file for custody of her or do i already have it being im the only one on the bc.


Asked on 10/25/04, 12:02 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: child custody

Since you're the only parent listed on the birth certificate you are presumed to have legal as well as physical custody of the child. Custody of the child will only become an issue for you if the putative father files papers to obtain custody.

Nevertheless, in the best interest of your child, you should give serious consideration to following through on the DNA test and obtain a formal adjudication of the father's paternity and an order for child support from the court having jurisdiction over this matter.

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Answered on 10/25/04, 9:22 pm


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