Legal Question in Family Law in Virginia
I just recently broke up with my ex. We lived together and had a child together. He acknowledges the child as his own verbally to others, however he refused to sign the birth certificate and requested a paternity test. since we have broken up, he went ahead and filed for custody. I too filed for custody of the child (after he did). The child is living with me. If I allow him to take her to visit his family - can he refuse to give her back to me until the court date when they establish paternity and custody?
1 Answer from Attorneys
This father at this point is apparently merely a putative(alleged) father and until
paternity is formally established by the court, he has no rights at all with
respect to this child, and therefore, no right whatsoever to keep her
from you.
You should make very sure that he understands this before you allow him
to take her anywhere.