Legal Question in Family Law in Virginia

Re: fathers rights out of wedlock

I will assume you are concerned about custody, as your question was a little unclear. Generally both parents have the right to custody, unless one of the parents is unfit. When the court is asked to decide which parent should receive custody of a child, the court decides which placement (with either mother or father or jointly) is in the best interest of the child. If for instance, the court determines that it is in the best interest of the child to place custody with the mother, the father would have reasonable visitation, absent some allegation of abuse or other problems. On the other hand, the court may decide that it is in the best interest of the child for the parents to have joint legal and physical custody and that would mean that you and the mother would have equal power to make decisions regarding the child and to share physical custody. That is, the child would spend some days at your house and other days at the mother's house. It does not necessarily mean time will be split 50/50, but it could. If you need more information please feel free to call my office at 703-598-9220.