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Babyizzy14

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Hi my name is onna I'm 16 years old from Richmond Va. I'm also 8 months pregnant with my first child. For the past 5 months I have been seeing a consuelur, he has told me that in the state of Virginia I do not have legal custody of my child till I'm 18 years old which I don't find reasonable considering I'm carry this child for 9 months I should have custody. Anyways this morning my mother told me if the law says she has full custody of the child then she is going to give it up for adoption. I really do not want to see my son go through the same thing o went through I do not think it's fair that she can do that I do not have rights to go against it what should I do before it's too late someone please tell me that is not even a law
 
No honey, you have full legal custody of your child. You are not however emancipated so mom can control you. It appears obvious mom does not want the child or the burden around. Is there a family member you can assign temporary custody to until you are 18? This will give you a year to get a plan in place. Likely a job and college if your grades are high enough. Keep coming back here. You will find many compassionate adults that wish to assist in guiding you if you really want to keep your baby.
 
Legal advice comes from Attorneys not counselors!! Its your child you have full legal custody. Your parents have full legal custody of you but not your child
 
Hi my name is onna I'm 16 years old from Richmond Va. I'm also 8 months pregnant with my first child. For the past 5 months I have been seeing a consuelur, he has told me that in the state of Virginia I do not have legal custody of my child till I'm 18 years old which I don't find reasonable considering I'm carry this child for 9 months I should have custody. Anyways this morning my mother told me if the law says she has full custody of the child then she is going to give it up for adoption. I really do not want to see my son go through the same thing o went through I do not think it's fair that she can do that I do not have rights to go against it what should I do before it's too late someone please tell me that is not even a law

Well, hello, Onna:

You've posed a question that confounds and confuses lawyers and courts.
In SC, they even have a statute vesting full legal custody in the mother of a child born out of wedlock.

Read this lawyers excellent analysis of your problem.

http://www.gregoryforman.com/blog/2...lity-when-their-minor-children-have-children/

But, that's for SC. You asked about VA.

Hold on, your answer is coming.

So, what does VA law say about out of wedlock children born to a mother, an unemancipated mom a minor?

Here you go, Onna:


Let's start with where VA law considers YOU am adult. Yes, in some cases, Onna, you're an adult, by operation of law. SOME cases, not ALL.

E. A minor shall be deemed an adult for the purpose of consenting to:

1. Medical or health services needed to determine the presence of or to treat venereal disease or any infectious or contagious disease that the State Board of Health requires to be reported;

2. Medical or health services required in case of birth control, pregnancy or family planning except for the purposes of sexual sterilization;

3. Medical or health services needed in the case of outpatient care, treatment or rehabilitation for substance abuse as defined in § 37.2-100; or

4. Medical or health services needed in the case of outpatient care, treatment or rehabilitation for mental illness or emotional disturbance.

A minor shall also be deemed an adult for the purpose of accessing or authorizing the disclosure of medical records related to subdivisions 1 through 4.

F. Except for the purposes of sexual sterilization, any minor who is or has been married shall be deemed an adult for the purpose of giving consent to surgical and medical treatment.

G. A pregnant minor shall be deemed an adult for the sole purpose of giving consent for herself and her child to surgical and medical treatment relating to the delivery of her child when such surgical or medical treatment is provided during the delivery of the child or the duration of the hospital admission for such delivery; thereafter, the minor mother of such child shall also be deemed an adult for the purpose of giving consent to surgical and medical treatment for her child.

https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+54.1-2969

Okay, let's continue.

This is becoming very interesting.

In VA, paternity must be established in a court, not just declared.
Read this:
http://www.dss.virginia.gov/family/dcse/faq.html

Moving on, your answer is coming, Onna.

Custody rights are allegedly equal in Va, or so say VA lawyers.

This is even true when the parties of the child aren't married.
This puzzles me, because is it possible for ten men to claim paternity?
Odd, but read what one VA Legal Aid Society has to say.

http://greatexpectations.vccs.edu/wp-content/uploads/Bringing-Child-Custody-Case-to-Court-2-6-1.pdf


This VA legal opinion clarifies custody of unmarked parents.

Who has custody if there is no custody order in place?

It depends. If you are married and have not gotten a custody order, both you and your spouse automatically share custody of your child. This means that both you and your spouse have the right to make major decisions about your child's life, and the right to care for your child and have the child live with you.*

If you are not married, and there is no custody order in place:
The mother's legal relationship to the child is automatically established when the child is born.*1
In order for the father to establish a legal relationship with the child, he will have to establish what is called paternity (legal fatherhood). This can be established by:
A blood test or a DNA test which is at least 98% accurate; OR
A voluntary written statement (called an Acknowledgement of Paternity "AOP" form) signed by the father and the mother under oath, which acknowledges that the man is the father of the child and that he understands the responsibilities he will have in regards to supporting the child.*2 The most convenient place to sign the AOP form is in the hospital right after the child is born. It is a free service provided by all hospitals in VA. The AOP form can also be signed at the Office of Vital Statistics in Richmond, local departments of social services, and local child support offices.*3
The mother or child (once the child is older) can also file a motion to establish paternity in court (this is generally done if the birth father refuses to acknowledge paternity). A mother or child may want to do this in order to obtain a child support order or inheritance rights. If the father refused to acknowledge that he is the father in court, the judge may order the father to take a DNA test.*4

http://www.womenslaw.org/laws_state_type.php?id=152&state_code=VA&open_id=all#content-13451


Now, your answer is next.


Yes, Onna, you are a minor, but in VA you will have custody of your child unless you are proven to be unfit.

Va. Code Ann. § 20-88.45

(Action by minor parent) permits a minor parent, or a guardian or other legal
representative of a minor parent, to maintain a legal proceeding on behalf of or for the benefit of the
minor's child. Attorneys and judges can ensure that teen parents are not forced to sign a voluntary
placement agreement. The agreement can have dire consequences for a young mom in care who wishes
to keep her baby after emancipation 2 Attorneys and judges can help ensure that teen parents are not
forced to sign a voluntary placement agreement. The agreement can have dire consequences for a
young mom in care who wishes to keep her baby after emancipation 3 Some foster teen moms may need
a chance to "catch their breath" after their babyʼs birth. The alternative of temporary foster care is
available through the state and services that have the foster teen sign a voluntary agreement to hand
over custody for a limited time only. When the separation is over and the foster teen is ready to resume
responsibility for childcare, the infant is returned to her pursuant to the terms of the temporary foster care
contract she signed. The foster teen should obtain legal counsel to assist and advise as to the temporary

http://www.nationalcrittenton.org/pdf/Virginia.pdf

Even though you have custody, be smart, work with your parents because they maintain custody of you.
You're a minor, with soon to be very adult problems.
You'll need to file for support for your baby, keep your baby fed, healthy, and nurtured.
That means your education is important.
You'll need a skill or a degree to support your baby and stand alone in a few short months at age 18.
You might want to consider the father, because he will usually want to be in baby's life.
I suggest you start here, and file for support help from baby's daddy:

1-800-468-8894 (M-F, 7 a.m.- 6 p.m., toll-free)

http://www.dss.virginia.gov/family/dcse/form.cgi

I hope you get a handle on things, and have a very happy life.

.
 
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Thank you all for the helpful advice. I will be seeing my counselor and I will be happy to show him what you guys told me thanks again I feel so much better knowing that I can keep my baby boy :)
 
Legal advice comes from Attorneys not counselors!! Its your child you have full legal custody. Your parents have full legal custody of you but not your child


showing this counselor doesn't change the above answers and only one of the above posters has or had a law degree. That would be AJ
 
No I am saying you need to see a Lawyer and only one who has or ever held a Law degree in this thread is Army Judge who posted links for you. Legal advice comes from an Attorney you share an Attorney/Client relationship with not websites. Read site disclaimer at bottom of page reposted below for your benefit

Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege.
 
Thank you all for the helpful advice. I will be seeing my counselor and I will be happy to show him what you guys told me thanks again I feel so much better knowing that I can keep my baby boy :)

I suggest you speak with your parents about the baby.
Your parents are your guardians.
You want them on board with you, at least for the next almost two years, or until you become an adult.
You also want to make sure you start the process to get support for your child.
A baby is very expensive, especially if you didn't plan for one.
Your parents are upset, and who knows, you might be one day, too.
They love you, but I'm sure you know this is as much a surprise to them, a sit is to you.
Talk to them, get them to meet with your counselor.
Its your child, but their grandchild.
If you have grandparents, you know how much you love them.
They love you, too.
Your parents are soon to be grandparents, and once they see the little man, they'll love him, too.
So, relax, its a lot for all of you to work through.
As a mom, you want what's best for your baby, and your parents want that for you.
Your son will want them as his grandparents, trust me, lady.
You hang in there, it won't be easy, but no good things come easy.
 
As you can see my adoptive mother wants nothing to do with him what so ever so she might find ways or even make it seem like I can't support him and I'm a bad mother that is what I'm worried about losing him
 
As you can see my adoptive mother wants nothing to do with him what so ever so she might find ways or even make it seem like I can't support him and I'm a bad mother that is what I'm worried about losing him

I hope that doesn't happen.
I know it's hard, but you have to do this for baby.
Talk to your counselor and your teachers.
Your school counselor can get you help, too.
What county in VA do you call home?
 
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