Legal Question in Family Law in Virginia
Kidnapping?
My boyfriend is not listed on his son's birth certificate nor does he have court ordered child support. He has been paying his ex-girlfriend support and sees his son at least two weekends each month. He is listed as the father at his son's pre-school. He now wants to file for full custody. The child is currently with him and he wants to keep him until the custody hearing. He believes the mother has been negletful but doesn't have physical proof. Can the mother charge him with kidnapping since he is not listed on the birth certificate? She has admitted before to a police officer that he was the father of his son.
2 Answers from Attorneys
Re: Kidnapping?
Have not had time due to schedule to carefully review factual situation so this is very off the cuff suggestion. Not likely to be "kidnapping" upon proof of parentage, but a number of other less serious charges could be lodged.
Re: Kidnapping?
Your boyfriend should immediately return the child to his mother's custody, and let a court of proper jurisdiction determine the child's
proper placement. Unilateral action by one party
in this type of situation has the potential of
harm to all involved.
If the boy's alleged father believes that the child has been either neglected or abused by his caretaker(s), he should report this to the local child protective services hotline.
Note: Given the fact scenario which you have described, where paternity has not even been legally established, it would be extremely unlikely that any court would grant sole legal and physical custody of this child to your boyfriend unless the mother was found to be patently unfit.
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