Legal Question in Family Law in Virginia

Re: If I die

Excellent question

If you have sole custody and the biological father has no official custody, then the child should naturally go to the person you name in your Will. That person should file an immediate Petition for custody in your local Juvenile and Domestic Relations Court. They should also file an Emergency Petition for an immediate hearing.

The biological father has parental rights and would have to be notified with any petitions. The decision of who would have ultimate custody will always be up to the Judge. I am afraid however, that in Virginia there is a parental presumption for custody. That is, a biologial parent will always be the presumptive custodial choice. The third party (your relative or Guardian) would have to rebut that presumption should the biological parent also petition.

Your family members would petition for visitation rights to your child and most likely, given your absence, would be granted substantial visitation.

Good luck.

Re: If I die

This is perhaps the best reason to have a will.

Re: If I die

The natural father would be the first person to whom the courts would look for custody of the child. If the court is made aware (by your parents and/or brothers) that he is not an appropriate parent, they would have an opportunity to prove they are better candidates for custody. The only way to guarantee your child is raised by your parents and/or your brothers is for you to petition the court to terminate the father's parental rights, but that would also terminate his child support obligation.