Virginia Father’s Rights: What To Expect In Virginia Divorce And Paternity Proceedings
Having a child is a life-changing event in a man’s life. As a proud father, you want to be there to watch your child grow, but disputes with the mother may put a dent in your plans.
In the not-so-distant past, men had limited options when it came to custody, but that has changed dramatically over the years. Our Loudoun County paternity attorney explains current attitudes when it comes to father’s rights and what to expect in Virginia divorce and paternity proceedings.
Father’s Rights In A Virginia Divorce
Child custody gets automatically addressed in Loudoun County divorce proceedings. Under Section 20.124.2 of the Virginia Code, protecting the child’s best interests is the primary concern. In the past, this meant they often remained with their mothers, with fathers getting every other weekend and a few holiday visits, at best. Fortunately, this has changed.
Today, Virginia family courts acknowledge the importance of having both parents active and involved in their child’s life. Joint child custody is generally encouraged, with additional rights spelled out in a parenting plan. Here’s what fathers can expect:
- To spend time with the child on birthdays, holidays, and other special occasions;
- To plan extended visits, such as during school breaks;
- To be consulted on important decisions, such as the child’s religious upbringing, schooling, and medical care;
- To be included in school activities, such as parent-teacher nights or other events;
- To remain in reasonable contact with the child via phone call, text, email, or other means when the child is in the mother’s care.
What if your child’s mother fails to provide for them properly or engages in behavior that puts them at risk? As the father, you can expect the court to intervene. Depending on the severity of the situation, you may be entitled to full custody.
Father’s Rights In Paternity Proceedings
If you are an unmarried father in Loudoun County, the first step in protecting your rights is to prove paternity. You may have already done so by signing an Acknowledgment of Paternity when your child was born. The Virginia Department of Social Services advises that this can be done afterward as well, but in either case, you need the mother’s cooperation.
If you did not sign the Acknowledgement of Paternity and are not on good terms with the mother, you may need to prove paternity in court. Here’s what to expect:
- You must file a paternity petition with the Loudoun County Juvenile and Domestic Relations Court;
- The mother is served with a summons to appear, with the child, at a paternity hearing;
- DNA is tested to determine if you are the father;
- If the test is positive, you can petition the court for custody.
Request A Consultation With Our Experienced Virginia Paternity Attorney
Schwartz Kalina, PLLC. has extensive experience protecting father’s rights in Virginia child custody cases. To get trusted guidance and the professional legal representation you need, give our office a call or contact us online. Request a consultation today with our experienced Virginia family attorney.
Sources:
law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.2/
dss.virginia.gov/family/dcse/establishing_paternity.cgi
vacourts.gov/courts/jdr/loudoun/home.html
