Legal Question in Family Law in Virginia

Re: Unwed parents' rights to a child

Good questions, and I'm not sure I can give you a definite answer to all of them.

Generally speaking, in the situation you describe, the unmarried father would have all the rights that a married father would have, including the right to object to the removal of the child from the Commonwealth. The short answer on that is that you have to convince the judge that the transfer out of the Commonwealth is going to benefit the child.

I honestly do not know if a contract relating to child custody, support, etc., prior to the child's birth would be enforceable. I would have concerns about it, however,

The Virginia Premarital Agreement Act would not apply, because a premarital agreement becomes enforceable on marriage, which is not contemplated here, and applies only to property interests, not child custody,

It is my opinion, and I believe there are other attorneys who would disagree with this, that no agreement between parents related to child custody is binding on a court unless and until the agreement has been reviewed by the court, found to be in the child's best interest, approved by the court, and made a part of a court order. Again, in my opinion, this can only be done after the child's birth.

Of course, there would be nothing to prevent you and your boyfriend from discussing the matter ahead of time, coming to an agreement, and making it part of a custody order entered after the child's birth.

I have not considered what would happen in the event the proposed Virginia constitutional amendment related to marriage were to be approved in November, although the Virginia Attorney General has issued his opinion that Virignia custody and visitation law as between unmarried parents would not change.

I hope this helps you in the right direction. Please understand that this is a general legal discussion, and is not intended as attorney-client advice, and that before you undertake a course of action, you should consult an attorney to make him or her aware of all the particular facts related to your situation, facts of which I am unaware.