Legal Question in Family Law in Virginia

Full Custody of 1 year old

Hello,

I am the mother of a one year old boy. His father

and I were never married, and he does not

provide any support payments (I haven't asked for

any). He is from another country, and I DO NOT

want him to take my son to that country at any

point and time.

Is there any documentation that I can draw up that

will give me full custody of the child without the

father being served? I believe the father would be

vindictive if he found out that I was trying to get full

custody of the child, even though he hasn't seen

him since he was only 2 weeks old and shows

very little interest. He is not listed on the child's

birth certificate, social security card, or any

documentation relating to the child. Also, his

father is not a US Citizen yet, but is currently trying

to obtain citizenship.


Asked on 9/18/01, 3:29 pm

1 Answer from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: Full Custody of 1 year old

You will have to provide notice to him that a custody hearing is taking place, even if it is only through a newspaper advertisement.

Please keep this in mind....only a court can give you a court order for custody. Until you obtain a court order for custody either one of you is entitled to have custody and no law enforcement officer will interfere. This means that without a court order he can take the child and remove him from you without police involvement. Of course you would be in court the very next day for an emergency hearing on custody, but I want you to realize that prior to an emergency hearing the police will not get involved, and by the time you get a hearing the next day it may be too late. I don't want to alarm you, but if you are at all concerned with him taking the child to another country then you MUST get a court order for custody right away!!! Until you do obtain that court order either one of you is entitled to take the child to wherever you'd like.

I hope I have not alarmed you, but I do want you to be aware. If you have any questions just call me at either 301-652-0663 or 703-968-3974.

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Answered on 11/05/01, 9:03 pm


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