Legal Question in Family Law in Virginia

Parental Rights

I am paying child support for my son and a paternity test has confirmed that he

is my son. I have visitation rights, but have stopped picking him up due to the

mother causing problems every time i do. She has threatened to take me to

court to take away my custody rights (because I wont pick him up during the

times that the court said I was allowed to) and change his last name to her own.

Can she take away my rights to see my son without my consent since I am

paying child support? If I gave my rights up as a father and allowed for his last

name to be changed, wouldn't this mean that I would no longer pay support?

Thank you.

Asked on 4/10/06, 6:00 pm

1 Answer from Attorneys

Brian Miller Brian M. Miller, Attorney at Law

Re: Parental Rights

No she cannot take away your parental rights or change the name of the child without your consent. If she wanted she could file a petition with the court but it is highly unlikely that she would prevail if you did not consent. Why aren't you doing the visitation? Yes if you were no longer considered a parent to this child, you would no longer have child support obligations.

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Answered on 4/11/06, 10:15 am

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