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That is why I ask the age of the child. If the father can prove the CoC, and the child is of an old enough age, the child's wishes could carry a little weight. I am not seeing any clear CoC here though.

She basically has no rights. How old is the child? A court isn't likely to change custody without a real change in circumstances. The child not liking her chore load isn't going to get custody changed. As a step-parent myself, I would suggest that you are better to stay out of this matter...

I am a little confused, sorry. Did a judge sign off on the papers the lawyer made?

Thanks for correcting me! I guess it will be a moot point in the OP's case either way though.

Very good advice so far. To add something though, him fathering a child that is a citizen would make it a lot easier for him to gain citizenship and become legal. I believe under the 14th amendment.

I apologize for how I sounded. Did not mean it to sound that way. I should have said that while your advice is good, it is pointless to post it on a dead thread, but thanks for the effort.

Really? Do you see how old this thread is? Sure the OP wont be seeing anything you post.

If he does nothing about her move out of state, then it doesn't matter. If he files for custody or anything, it could be used against her. You are right, how things go in court vary between cases because no case is exactly the same, and even the judge can make a different, because different...

They are, but a lot of the experts give advice on a lot of forums.

No reason to worry. You and him both MUST follow the court order. Police don't usually get involved in civil matters, but when the time comes to pick your child up, and he refuses, have a copy of the court order with you in hand, and ask for a deputy to meet you there and observe, or "keep the...

If the OP decides to post again, she probably wont, I would also like to know if the father's care is hurting the child rather emotionally or physically, what has she done about it? CPS been involved? In my opinion, OP has done something to lose custody, and the claims she made would never...

One more thing... If the father doesn't want that child leaving the state of VA, it will NEVER happen. Why? Because there is no way it can be shown why it is in the child's best interest. That said, if you daughter leaves her boyfriend (you said they are still living together, correct?) and...

I really swore to myself that I was done posting on this thread... So much for that! :) Moose is right, no one will force the father to give the child back if he shall decided to not let the mother have the child. It is presumed in VA that the mother in these cases have full rights over the...

Just to be clear, that pretty much means the COURT does not favor the mother or the father more than the other when deciding custody (as in once it gets to court). Just because the state statute doesn't spell it out, doesn't mean it's not presumed to be that way (it is). Ask any good lawyer in...

Your making a good point Moose. That section is interpreted in VA to mean that the father has to file to assert his rights and spells out how he goes about doing it and his rights in the process. So, no, he really wouldn't be violating anything that would result in criminal charges. VA law on...

http://www.cravensnoll.com/Family-Law/Child-Custody-and-Support.shtml The father has to assert his rights in Virginia by petitioning for custody and/or visitation. VA code doesn't specifically say that, but states what a father must do to get custody and/or visitation, or basically, assert his...

Sorry but you're wrong. They are not married and thus no court order would be needed. HE needs a judge to say he has permission NOT her. Him taking the child and refusing to return the child to the mother wouldn't be a whole lot different than if a stranger took the child. When the parents...

Well then, I guess this bum will get locked up if he keeps down his path. That would be a good thing for you daughter as you already know.

I just wanted to respond to the "make a call" comment because you (OP) know what your daughter needs to do to protect her interest and not cause legal trouble for herself. Unless he is in arrears by quite a bit more than you may think, he will not get locked up. I have heard of probation...

As someone who had a child born in the state of Virginia, and whom wasn't married to the mother at the time, I can attest to AJ and Proserpina being correct about VA law. We were married soon after so of course that changed things, but before we were wed, I had no true rights to my daughter if...