Legal Question in Family Law in Virginia
If two people had a child together, are not married, are not living together and the father is not listed on the Birth Certificate... is there any reasonable chance that by petitioning for paternity and legal custody he will be able to prevent the mother from leaving the state with that child?
1 Answer from Attorneys
Even if two parents had been married and there were a formal divorce court order the court would still consider the circumstances as to whether a parent should leave the state (with the child). The court would consider whether job opportunities or other circumstances justify the move (at the expense of the other parent's visitation rights).
But the father can sue for paternity and parental rights and ask the court to order a visitation schedule. If that involves the child being in another state the court will hold a hearing to consider why and if the necessity outweighs the inconvenience to the parent.
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