Legal Question in Family Law in Virginia

My daughter father and myself have not been to court for a custody agreement so what rights do we both have, and if he was to come and take her from my home without my consent is that punishable by law? She lives with me as she has since birth and I just want to be clear on where I stand. So many people has told me that until we get a custody agreement that he is capable of removing her without me being able to do anything about it, is this information accurate? And what procedures would i need to take to protect myself and my daughter if needed?

Asked on 5/30/12, 4:55 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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One important fact is missing from your question, i.e.,

whether you were married to this father and your child was born

of this marriage or not. If the former applies, the father has basically

the same rights as you, the mother, with respect to this child.

However, if the latter applies and paternity has never

been established, then he has no rights at all and would have no

right whatsoever to come and remove the child from your care and custody.

Answered on 5/30/12, 10:00 pm

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