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Does he legally have rights to our child? Virginia

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  • Does he legally have rights to our child? Virginia

    My child was born in Virginia. She's almost 7 months old and now all of a sudden her dad wants to sign her birth certificate. I have a feeling he's going to try to get custody. He has bought her stuff every other month (sometimes) & even though people have been telling me to put him on child support, I haven't. She has my last name, she lives with me, and I've been told to file for sole custody since I've received threatening texts from him. Does he have rights to her since he didn't sign the birth certificate? He's been trying to get her for the weekend but I told him to start off slow since she doesn't know him. (Staying around her for more than an hour, then a day, & gradually grow on to the time. That's what I'm trying to help them do since she's in the "mommy don't leave me alone" stage) plz help. This is in Virginia.

  • #2
    Re: Does he legally have rights to our child? Virginia

    I wish to inform you that presently the father has no rights or obligations towards the child. He has to first establish paternity. This is generally through a court ordered DNA test. Once the paternity has been established, he can have child visitation and child custody rights while you will have a right to child support. The last name of the child may also be changed to that of the father. The Court always keeps in view the best interests of the child. The Court will consider all the facts and then decide a matter.

    AFF

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    • #3
      Re: Does he legally have rights to our child? Virginia

      Soooo, if he is her father, allow him to sign the birth certificate and let her know her father. She is not a new toy you bought at the store. The court will realize you are intentionally alienating the father - daughter relationship. Custody is a matter for the court. She has a right to her father.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

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      • #4
        Originally posted by Disagreeable View Post
        Soooo, if he is her father, allow him to sign the birth certificate and let her know her father. She is not a new toy you bought at the store. The court will realize you are intentionally alienating the father - daughter relationship. Custody is a matter for the court. She has a right to her father.


        He has seen her. He comes to my house to see her. I'm not trying to keep her from him. I would never do that.

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        • #5
          Re: Does he legally have rights to our child? Virginia

          Originally posted by Bass0809 View Post
          My child was born in Virginia. She's almost 7 months old and now all of a sudden her dad wants to sign her birth certificate. I have a feeling he's going to try to get custody. He has bought her stuff every other month (sometimes) & even though people have been telling me to put him on child support, I haven't. She has my last name, she lives with me, and I've been told to file for sole custody since I've received threatening texts from him. Does he have rights to her since he didn't sign the birth certificate? He's been trying to get her for the weekend but I told him to start off slow since she doesn't know him. (Staying around her for more than an hour, then a day, & gradually grow on to the time. That's what I'm trying to help them do since she's in the "mommy don't leave me alone" stage) plz help. This is in Virginia.
          Yes, as her biological father he has rights to the child. He will have to establish them in court, however, most likely by court ordered DNA testing.

          Each state has recommended visitation guidelines, based upon the age of the child and you should be able to get these from your family court. Often they are included in divorce/parenting forms packages.

          At 7 months it is to be expected that separation anxiety would come into play. So the child getting to know her father gradually I believe you will find in the visitation schedules.

          As to getting custody, the law favors an infant remaining with the mother -- barring extraordinary circumstances of unfitness -- e.g. mainlining heroin. As to his buying gifts for the child, he is demonstrating an interest in her and perhaps parental pride. Be grateful for that. And encourage as much as possible his spending time with her. The child will benefit and you will, too, in the long run.

          When paternity is established, support and visitation will be established, too, which the child is entitled to. Regardless of how volatile your relationship may have been in the past with the father, if you can encourage his involvement with his child, take the edge off contacts between the two of you, the parent-child relationship may turn out to be a boon for your daughter. Little girls need not just their mother, but they need a father, too.

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