Legal Question in Family Law in Virginia

Father's right to unborn child

I am having a c-section next wednesday. The father and I were only involved for about 2 months. Over the past months, he has constantly contacted me wanting to know what I have been doing with my life but never asking about the baby. Now he has threatened that he will take me to court if he does not get to see his child. I do not trust this man, he has a drinking problem, 2 DUI's, a drug charge, an assault charge, no driver's license, no stable home. I lost my first child when he was a week old so I am very protective of this one. What can I do to keep him away from me and my child? What are his rights to the child if I do not put him on the birth cerficate?


Asked on 11/07/07, 2:26 am

1 Answer from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Father's right to unborn child

If he is the father and can establish himself as such he will have the rights of any father. Your need to be protective will not be sufficient to restrict visitation if that is what he seeks. You should be aware that courts are very reluctant to prevent a child from seeing a parent. If however he poses a risk to your child, and it would be in the best interest of your child to do so, you can seek to have any visitation that he seeks restricted or supervised.

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Answered on 11/07/07, 10:04 am


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