Legal Question in Family Law in Virginia

I am not married to the father of my baby, in fact I am still legally married to someone else (though separated for more than a year). My baby's bio-dad is not on the birth certificate (no one is); he is currently in jail on drug and fraud charges. He has shown no interest in the baby since he was born six months ago and has not been in touch since he went to jail. He has not been asked nor does he pay child support.

What legal parental rights does he have, and can I end them? I want him out of my child's life permanently, and don't want him interfering with the decisions I make in raising him.


Asked on 3/27/14, 1:48 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Well, if all that you claim is in fact true regardng this alleged bio-dad, then he is

merely what the law considers a putative father with no rights at all with respect to your child other than the right to petition the appropriate court to establish himself legally as something more. But, however, until that happens or he becomes manifestly disruptive in some other aspect of your life or that of your child, if I were you, I would let this "sleeping hound lie". so to speak, without doing anything further at this time.

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Answered on 3/27/14, 2:54 pm


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