What child custody rights do unmarried parents have in Virginia? As with any other child custody laws, Virginia custody laws for unmarried parents stipulate the roles that each parent should have in their kid’s life and how they should provide for their child’s upbringing.
While the child custody rights for married parents who want to separate in Virginia Beach are clear-cut, the rights for unmarried parents aren’t as straightforward. In Virginia, the law presumes the mother to be the child’s parent if she isn’t married. So, unmarried fathers do not have any initial clear-cut parental rights. The process of obtaining custody for an unmarried father can be quite complex in Virginia because he must establish paternity for the child before he can claim any custody rights.
What Is Child Custody?
‘Child custody’ refers to the legal right for a parent to make decisions and be involved in their child’s life, even if parents don’t live together. It’s a legal term used to describe the guardianship of a child and the practical relationship between a child and their parent. Child custody is divided into two categories: legal custody and physical custody.
Legal child custody is the right granted by a court of law to a parent to make decisions about their child, while physical child custody is the right and obligation to take care of a child and provide them with basic necessities. These custody rights can be given by the court when you file a child custody suit or through a custody agreement between you and your spouse.
So, what is a custody agreement? A custody agreement is a child custody contract entered between two parents spelling out which parent will have physical custody of the child and which one will have legal custody, as well as the visitation and provision information.
In most cases, a child custody agreement is drafted with the help of an experienced child custody lawyer to ensure that everything agreed upon is legally binding. So, the first thing you should consider before drafting a custody agreement is what kind of lawyer deals with child custody and where to find them in Virginia Beach.
Fortunately, reputable law firms in Virginia Beach, like Coastal Virginia Law, have qualified and experienced child custody attorneys you can hire for your child custody agreement. Drafting a custody agreement is more convenient and less tedious than filing a child custody suit in court because the regular court process will cost a lot of money and drag on for months.
What Legal Custody Rights Do Unmarried Parents Have in Virginia?
The only other way a father can have parental rights without undergoing a DNA test is if he is listed on the child’s birth certificate as the father. If the child’s mother agrees to put the father’s name on the birth certificate at the hospital, he will be required to sign the Acknowledgement of Paternity (AOP).
Both parents must complete and sign the AOP file for the father’s name to be included on the child’s birth certificate. Parents are encouraged to complete and sign the form at the hospital, but they can also complete it later and mail it in for a fee. Once this process is done, the father is legally recognized as the child’s father.
In case of a dispute about the father’s paternity and the mother is reluctant to sign the AOP form, the father has a right to request a DNA test to determine if he’s the biological father of the child. In most cases, this request is granted by the court, especially if the mother doesn’t voluntarily agree to it. If the test proves that he is the biological father of the child, he can file another petition in court demanding custody of the child.
In Summary
As an unmarried parent seeking custody of your child, you’ll need the assistance of an experienced child custody attorney in Virginia Beach. The reliable experts at Coastal Virginia Law are ready to help make your custody process a breeze!