Legal Question in Family Law in Virginia

Re: unmarried couple with child

You've listed both Florida and Virginia as the states you are inquiring about.

Under Florida law, your answer is "probably not." If the child has lived in Florida for the past six months or longer, Florida will probably take jurisdiction over the state the child is taken to. Also, Florida doesn't recognize a birth certificate alone as proof of fatherhood. If you removed the child from Florida against the mother's wishes and without a court order determining you to be the father (assuming you aren't married to the mother), you could risk a kidnapping charge.