Legal Question in Family Law in Virginia

Short version. This started in 2000, I dated a women, she got pregnant by another man, he left her after 2 months, we got back together when she was 4 months pregnant. I took the boy in as my own. We broke up 5 years later. After we broke up I was able to get him every other weekend, within a year that turned into every weekend. I've been getting him every weekend since then. Now he's 10 and she has stopped me from seeing him. Haven't seen him in over a month, I've talked to him a couple times over the phone. I want to get visitation rights to him. Do I have a case worth pursuing?
Side not: The blood father lost his visitation rights back in '06. Simply because he never bothered to see his son. He has never been around.

Asked on 8/01/11, 4:52 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, under Va. Code Sec. 20-124.1, you could possibly be considered

as a "person with a legitimate interest" in establishing visitation rights

with this child and under Va. Code Sec. 20-124.3 4 your previous relationship

with this child, apparently extending for most of his life, should be a factor

for the court to consider in establishing whether or not you should be awarded

visitation rights with him.

Answered on 8/01/11, 5:27 pm

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