Legal Question in Family Law in Virginia
Family Law - Child support
My adult daughter recently had a child. She lives with the child's father but they are unmarried. If my daughter chooses to remain unmarried and would like to take the child out of the state of VA and move to PA, what sort of rights would she have? Would the father be liable for child support, etc. and I guess my big question would be whether she would be able to move out of state? She has no way of financially supporting herself right now and would only be able to go back to work if she and the child moved in with us, her parents.
1 Answer from Attorneys
Re: Family Law - Child support
Regarding child support: Both parents remain financially responsible for the child unless one or both of the parents give up their parental rights or those rights are terminated. In Pennsylvania you generally cannot give up your parental rights unless another "parent" is available to adopt the child. In other words, you generally cannot choose to give up your parental rights in order to escape a child support obligation. In short, yes, the baby's father will remain responsible for child support regardless of where the child lives unless the child is living with him (either with or without your daughter).
Regarding relocation: I am not licensed to practice law in Virginia, but in Pennsylvania if one parent chooses to relocate and the other parent disagrees, the court will have to decide whether or not to allow the relocating parent to do so with the child. Several factors are examined including the motive of the relocating parent (ie. for a job, better quality of life, family relationship, or desire to hurt the other parent or severe his/her relationship with the child)and the effect of relocation on the relationship between the child and the parent remaining behind. These are but a few of the factors the court will look at. Your daughter should consult with an attorney in Virgina, experienced with child custody and child support matters, so that she is fully aware of her rights and responsibilities prior to deciding whether or not to move.