VA child custody law, mother's right to child custody

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My daughter has a 6 month baby boy. She is not with the father of the child. They do not live together and they were never married. The child lives with her, does she need to file custody papers.

Attorney Answer

1
Anthony Colleluori ·
Is she on the baby's birth certificate? It should be. Is there a birth certificate? If not then she needs to get one for the child. otherwise she is presumptively the childs custodian and guardian. If the Father wants to be recognized also he will have to prove paternity. That doesn't mean he will be given custody, and it doesn't mean that if he does get some type of custody, it will be residential. If he has reappeared in the picture and is making noises like he wants the child, have her see a lawyer right away and he will very likely back the father off, of at least let him know what he will be up against. Good luck.
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