Legal Question in Family Law in Virginia
I am wanting to get full custody of my 2 yr old daughter. Her father is not on the birth certificate but is aware that he is her father. He has never paid any child support. I have offered for him to see her whenever he wants to and even offered to take her to him when he couldn't, he never took me up on bringing her to him, he saw her about once a month and only for about an hour or two each time which he mainly sat on the couch and watched tv. Now that I am in need of child support he is threatening to try to take her away from me. she has not seen him in the last six months because he moved out of state about 10-12 hrs away. she doesn't even really know him. I don't work I am a full time student living with my parents, will this hurt my chances of winning full custody. I still want him to be able to see her whenever he wants to i just dont want him to be able to take her alone. In the past hes been known to live with guys who party and drink and has been beaten up by them or lives with his mother who smokes in the home. I dont want to leave her alone with a guy who is practically a stranger to her and who i dont trust but i do want him to build a relationship with her. Is my not working going to hurt me?
1 Answer from Attorneys
As the natural mother of this child, the law already presumes you to
have full custody rights and there is no need for you to file anything with the
court to estahblish such rights unless the father files for custody and thereby attempts to either deprive you of or curtail the full custody rights which you currently enjoy.
As of now, the individual whom you believe to be the father of the child, is
merely a putative father in the eyes of the law and until paternity has been formally established, he has no rights whatsoever with respect to this child.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
