Custody Without Marriage in Virginia
Navigating custody issues after a divorce is always heartbreaking, but as an unmarried parent in Virginia, it can be completely overwhelming. Rest assured, you are not alone. At the Virginia Family Law Center, P.C., we provide unparalleled legal representation, clarifying your rights and responsibilities, helping you navigate the legal landscape, and working towards the best possible outcome for you and your child.
Who Has the Right to Seek Custody?
In Virginia, both unmarried men and women have the right to seek custody of their children. However, a key distinction exists in how these rights are established. Unmarried mothers automatically gain full custody of their child at birth, reflecting the state’s legal presumption. On the other hand, unmarried fathers must first establish their paternity to seek legal custody rights.
How Is Paternity Established?
An unmarried father must complete a Voluntary Acknowledgment of Paternity (VAP) form to establish paternity. This form is typically signed at the hospital after the child’s birth or can be completed and filed at any time thereafter. It is important to note that signing a VAP does not automatically grant custody rights; it simply establishes legal paternity.
What if the Mother Disagrees?
If the mother disputes the acknowledgment of paternity, a court case may be necessary to determine paternity and custody rights. In this situation, DNA testing may be required to establish biological paternity.
What Types of Custody Can Be Pursued?
In Virginia, there are two types of custody: legal and physical. Legal custody refers to a parent’s right to make important decisions for their child, such as medical care, education, and religious upbringing. Physical custody addresses where the child will primarily reside. Both types of custody can be awarded to only one parent or jointly shared between both parents. It’s also possible for one parent to have sole physical custody but for both parents to share legal custody.
Can We Avoid Going to Court?
As an unmarried parent seeking custody in Virginia, you may choose to work with the other parent to create a voluntary agreement outlining your desired custody arrangement. This agreement should address all physical and legal custody aspects, including visitation schedules and decision-making rights. Once both parties have agreed on the terms, it must be submitted to the court for approval. The court will review the agreement and ensure it is in the child’s best interests before making it legally binding.
What Happens If We Can’t Agree?
If you cannot reach a voluntary custody agreement with the other parent, you may need to seek a custody order through the courts. This typically involves filing a petition for custody and attending a hearing where both sides can make their case for why they should have custody. When deciding custody, the court will consider several factors, such as each parent’s relationship with the child, stability of living arrangements, and ability to provide for the child’s needs.
