Child Custody & Visitation

[Gram15]

Jurisdiction

Virginia

My son currently has visitation of his child. Both parents were minors when they found out they were going to have a child. She is a year older so she finished her last year of school before he did and a few months after having my grand child they broke up. She married after meeting someone online after a month and they moved to a different state about an hour and a half away due to his job and come next year will be moving again to another state about 4-6 hours away. Not once has she asked permission just told him that she was moving. Currently they meet for my son to pick up his child and its about 45 min from his house and where the child used to live. What should we do? Should we wait and see if she asks permission to move next prior to the month they plan too? He wants to try and get custody of his child instead of just having visitation as well.

 

[army judge]

What should we do? Should we wait and see if she asks permission to move next prior to the month they plan too?

WE do NOTHING.
He, your son, must first ESTABLISH paternity via DNA testing.
Then he must also start child support through the court, or state agency that nadles child support collections in your state.

Read this:
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http://www.dss.virginia.gov/pub/pdf/dcse_paternity.pdf
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Virginia Paternity Establishment Program
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Unmarried males who allegedly father children with unmarried females have ZERO paternal rights at borth.
To establish paternal rights, all such males must do as suggetsed above.
Until and unless your son takes these affirmative steps, the mother of the child is sole custodian of HER child.....

What does that mean for your son?
It means he can have no say in where she lives with HER child.
Even after your son does the things suggested, it'll be too late to hamper her movements.

Courts always rule on what is best for the child.
Forcing a child to interact with a stranger, isn't going to happen soon, and it will require money, time, and social workers to supervise visits.

In the meantime, your son's child support meter is ticking and his debt is growing.

It might be best if he allowed the "sleeping mother dog to continue to snooze!"

 

[Betty3]

It sounds like she & your son were never married. He would currently have no rights in regard to the child. He would need to go to court & establish paternity by DNA testing. If he is the Father, then he can ask about custody/visitation. He will also be required to pay child support.

 

[shrinkmaster]

You say he has visitation was this through courts?

 

[leslie82]

My son currently has visitation of his child. Both parents were minors when they found out they were going to have a child. She is a year older so she finished her last year of school before he did and a few months after having my grand child they broke up. She married after meeting someone online after a month and they moved to a different state about an hour and a half away due to his job and come next year will be moving again to another state about 4-6 hours away. Not once has she asked permission just told him that she was moving. Currently they meet for my son to pick up his child and its about 45 min from his house and where the child used to live. What should we do? Should we wait and see if she asks permission to move next prior to the month they plan too? He wants to try and get custody of his child instead of just having visitation as well.

If he has visitation is it court ordered or just something that he and the mother worked out without the court?

If your son didn't establish his rights, then he has no legal rights to his child as they were unmarried when the child was born.

As stated he needs to go establish paternity through the court which also means he's getting a child support order.

He needs to not "try" to get custody he needs to actually file. The longer he waits, the more screwed he can get when it does come to court.

Right now she can legally move anywhere she wants with that child.