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.
.
