Legal Question in Family Law in Virginia

Unwed Father's Rights to Visitation

I am the father of a 4 month old baby girl..her mother and I are not married nor do we live together..the mother has refused to name me as the father on the birth certificate so that she has total control over the child..I am ALLOWED to see the child when she agrees...What steps do I need to get a set visitation schedule that she must abide by? I have done a non court admissible dna test and it shows I am the legal father..now I want my rights to see my child on a set schedule rather than being told when and when I can not see her...the mother thinks as long as I am not named on the birth certificate and she has not ask for child support that I have no rights...but as the father I must have!!....She does not work and depends on her mother and step father taking care of her and my child..Please help me with what steps I need to take to see my daughter...


Asked on 11/01/06, 11:34 am

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

Re: Unwed Father's Rights to Visitation

You should file for visitation rights in your local juvenile & domestic relations court and, if necessary, request a court-ordered DNA test for which you will be expected to pay. The rest will follow from the results of this test and, if the court finds that you are the father of the child(establishes paternity)in addition to setting a schedule for visitation which the mother must comply with, the court will also likely order you to pay child support.

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Answered on 11/01/06, 2:14 pm


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