Legal Question in Family Law in Virginia
My daughter is in the navy stationed in Virginia. Her time is up in four months, and last week she found out that she is pregnant. She is not married nor has she ever lived with the father. As soon as she is out of the Navy, her plans are to move back home to California where our entire family and support system is. The babies father is threatening to keep her in Virginia. I'm just wondering what my daughters rights are, and can she legally leave the state of Virginia to come back home to California before the baby is born? Just wanted to add that the father is also stationed in Virginia in the Navy, and can reenlist and get reassigned to California in a year and a half.
2 Answers from Attorneys
Yes, since the child is as of yet unborn, she can leave anytime for
anywhere she pleases under the particular facts described (in my opinion).
I am aware of nothing in Virginia law that would allow the father to force her to remain in Virginia before the child is born. I do not believe he has any legally cognizable rights until the child is born. If the child were to be born in Virginia the father could then file in a Virginia court to prevent a move. Depending on how much leave time she has accrued, she might consider taking "terminal leave" and getting back to CA as soon as she can.
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