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I am in a situation that the father of my child may be possibly getting deported, he goes to cour on June 11 of this year. In virginia I would like to know isit true in the state of virginia that if you don't file for custody of your child that the child belongs to the state and if so is this the best time to file for custody since the father is going through so much?
Already Tried: Not much yet. Im kinda scared to do anything that will set him off
Custody of the child is at a minimum always with the mother. If the parents are unmarried, the child is the child of his/her mother. The mother is assumed to be the residential parent. If you found this answer helpful please press the ACCEPT button. All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.
Is it true about the law in Virgina about if you file for custody the child belongs to the state? Also the reason that he is facing deportation is because of a weed and gun charge. But at this time I am in another state and he is in florida and he has a job and I don't but I live with my parents and my son will be starting school in september i have already enrolled him. What are my chances?
As the mother with custody of the child, you do not not to file anything. It is the non-custodial parent, the father that has to file. The state can take custody at any time through children's services. They can only do this for cause. If the child is currently under the auspices of children' services in Virginia then the state has custody. If the child is in the custody of his father who is being deported then the state may have custody as well. If you have possession/custody of the children then they are yours not the state's. Where the father was the custodial parent you can file for custody, and unless the court finds you an unfit parent the court should award you custody of the children. There is always a preference to place a child with his biolgical parent. If the child is not living in Virginia, and has never been subject to a legal proceeding in Virginia, the Virginia court may not have jurisdiction. When a custody proceeding is initiated by a parent a judge can detemine neither parent is fit to have custody. This is a rare occurrence, and in that limited instance the state can take custody of the children. If you found this answer helpful please press the ACCEPT button. All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.
My son was born in Virginia and were living in florida for 2 years but with unfortunate circumstance and the saftey of my son we had to leave immediately and my son and I live back in our home state in which we were born. So I can file in Virginia instead of in Florida right?
In order to file in Virgiia, the child needs to have been a resident of Virginia for 6 months prior to the date of filing. If you found this answer helpful please press the ACCEPT button. All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
I have sole custom my of my son as of 2009 and the father asked for a copy of his birth certificate to prove that he has a son so that he can stay in the United States of America. Will they see that I have sole custody of my son and he doesn't have any legal say so in his son's life without going through me first. Also he isn't paying any child support.
Relist: Answer came too late.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a Professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
I am still waiting for an answer. Thank you.
Sometimes, finding the right Professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Hello there
I reviewed the prior questions dating back to March 2012 and I note that the attorney answered all of the questions and he answered them within a few minutes of you asking the question yet you did not press accept and relisted the question three months later. I am not sure that there is anything else that any other attorney can add to what your prior attorney said -- and if you are on a subscription plan or trial plan it should not cost you additional money to press the accept button to pay him for his time in assisting you. After you review his answers you should probably post a brand new question if you want additional attorneys to assist because the attorneys will not pick up a question this aged from the list.
--MARY