how can a father gain custody in virginia?
447032
I would expect one could try petitioning the court, in proving the other parent unfit. But the first step would be to find a good attorney to advise you of that possibilitly and what your rights are.\nBe sure to take your divorce papers with you.
143713
It is Very difficult to get Sole custody. You have to PROVE that the mother is unfit and is harming your child in some way. Being in jail sounds bad but since she is in jail she can not be doing anything harmful. (In the courts point of view) Fighting this will be tough. You would be better off trying to change visitation. Try to get it that it has to be supervised. \n\nI would go talk to a lawyer. The first consultation is usually free. (and custody battles can be expensive)
482866
A conviction does not automatically curtail parental rights.\nYes, a father who is in jail or prison can petition the court for visits with his child (blood or adopted).\nIf the custodial parent or guardian is unwilling or unable to facilitate such visits, the court can appoint a third party to do so.\nIf the child is under a certain age, the courts may want an independant evaluation to determine whether such visits are in the best interest of the child and if the child over a certain age, the courts will interview the child and give weight to their wishes... not the final say, but their voice will be heard.\nThe exception is that if the conviction was for crimes against a child, the inmate may not have minors visit him in most cases.\n\nEven in prison, a parent is still a parent, with rights.
343951
You need to call a lawyer and get a custody agreement if you don't have one. His father can not keep him from you because he doesn't like you. \n\nJust remember, as you go through a custody battle, though you may be angry at his father, be civil, everything you do will affect your son as well, and you don't want to hurt him.
333543
call the courthouse in your area.\nlaws differ from state to state.\nyour son might GIVE you custody if you ask.
360220
It's unlikely he can get custody, but you need some support to help you deal with this situation.\n\nTalk to your GP, they can give useful advice.  Is there a family centre near you? You can ask the staff for advice, they  know about that sort of thing and can be very helpful.\n\nIf he frightens you talk to the police.  Don't call 999, find out the number for your community police officer or call you local station.\n\nWomens Aid are good too, mental abuse is still domestic violence:\n0808 2000 247\n \n"Freephone 24 Hour National Domestic Violence Helpline (England)  run in partnership between Women’s Aid and Refuge\nThe Helpline service provides emotional and practical support and information to women and children experiencing domestic violence. The Helpline also offers support and information to friends, family members and external agencies that are calling on behalf of a woman."
851665
You're in a divorce proceeding and you don't have a separation agreement in place concerning custody?\n\nget to that lawyer fast, without a custody agreement registered with the court both parents have equal access, rights, etc., including rights to custody.\n\nIf there is no court order and he decides to keep the child a police officer could not help you as there is nothing in place to say he can't keep the child and he has an equal right to be the custodial parent until a court says otherwise.
230440
If you can prove you have custody of the child then you can. I have done it with my own Grandchild in Tn.
1177951
Leagally, he has rights to see her.  To take her from you, he has to prove you to be unfit.  That can be hard to do.  He will have to pay child support do to the fact that he is, by all rights, her father.  They could issue a paternity test since he name is not on the birth cirtificate but what I would do if I were you is find yourself a real good lawyer right now and get on the right track to securing your and your daughters future.  They would be far more knowledgable in this field and could help you more than strangers.  Everyone will have their own opinion, but it is up to you to do the right thing.
775358
The only thing that you must do is to write within your will who should have the custody of the children.  To successfully complete this, you will have to go back to court, and prove that the true "father" of your child should have no visitation rights. \nAfter this, you simply write your will, or add to your will, a custody letter which entails what should happen if you, alone, should pass, or if you and your husband should pass together. This will pass the custody to another family member, or anyone you would like to raise your children if the both of you should pass.\n\nI hope this helps, and good luck. You should speak to an attorney about the details on how to go about this, but this is the gist of what you would need to do.
381134
The first guy is right.  I mean everything depends on your personal custody arrangement, but as a general rule you cannot move out of state or, like the 1st guy said, anywhere that will alter the current visitation arrangement.\n\nHOWEVER, if you have sole custody and the father does not regularly visit the child, I would challenge him to take you to court over it.  If he is not an active part in the child's life, he won't get to put his foot down and interfere with your life just to be a jerk.  So if that is the case, the answer will be yes, you can.  The court won't stop you.
320015
I'm not a lawyer but I have 23yrs of law enforcement experience. You really didn't give enough info for me to say. It depends on many factors; such as what were terms of your divorce, why he hasn't been in kids' lives, financial support, his reason for sudden interest and any claims he's making to help him gain custody, any personal problems or negative actions by either of you,etc. Assuming you were awarded custody originally and there were not and are not now any extenuating circumstances that drastically change the original status of his behvior/situation or yours or the children and he basicly just decided he wants custody chances are slim the court would change the managing conservator status you hold unless he can show you to be an unfit mother. He might be able to negotiate visitation rights but doubtful the court would disrupt the children's lives without just cause.
822850
Well this is what u need to do. Go to the court house have the dad sign over custody then u will have temporary custody intill the next date when u gey full custody.
832941
I'm assuming your question is...how do I go about obtaining this...\n\nFirst of all anyone can file for custody of a child (no matter their relationship to the child) if they believe that it would be in the best interest of the child for them to have custody. However, visitation is a little more tricky.\n\nYour first  step should be to contact the family court in the county where the child has resided for the past six months. Request a UCCJEA (out of state) custody/visitation petition (they are usually exactly the same, you just have to check different boxes). You can then take this to your attorney to complete or you can complete it yourself. They are not difficult to complete. You may be able to obtain the petition forms on-line or ask them to fax or mail them to you. MAKE SURE YOU GET THE OUT OF STATE PETITION! This is needed if any of the parties live in different states. The judge will need to verify jurisdiction.\n\nYou will have to either submit the completed petitions in person or you will have to have them notarized and then sent certified mail to the Family Court in Texas. The court clerk will give you your court date and time where you will plead your case to a judge, proving to him that it will benefit the child for you to have visitation or custody. You will want evidence and witnesses to testify as character witnesses on your behalf.\n\nIf the other party agrees then the process is fairly quick and simple. If they do not agree and  refuse to compromise then expect the process to get sticky. You will want to find a local lawyer or request a court appointed attorney to plead your case. Most likely if the two lawyers can not reach a compromise then the case will go to trial, which can take anywhere from 4 months to a year (or longer). \n\nIf you are requesting only visitation then know that in many states there is no such thing as grandparents rights (research this on-line for your state before trying to plead this). You may have to settle for visitation when your daughter has scheduled visitation. If she has no visitation then you can request that you be given her visitation so the child can have a connection to his/her maternal side.\n\nThe best advice any of us can give you is to speak to an attorney with family law experience in the state where the child resides. That would be Texas if the child has been there longer then 6 months or their previous state if they have not.\n\nBest of luck.\n\nAlso note: on the petition you are the petitioner and the respondents are both paternal grandparents, the bio dad, and the bio mom (unless either parent has given up their rights) and if child services is involved you will also have to list them as respondents. You need to file against all of them (not just the paternal grandparents) to make your petition valid.
1056089
From everything you have said it is only quite obvious that he doesn't have the stability for custody, however the court will probably give him some sort of visitation because he is the father and wants to see his children. The mother could have stipulations put on this such as court ordered drug testing and supervised visits to make sure that he is staying clean, and considering his past with drugs, the court would be likely do this. You didn't mention if your friend had an attorney. It would probably be a good idea to seek an attorney's advice on this.
1136888
It will never automatically be considered abondonment without you petitioning the court to terminate the other parent's parental rights.  You should contact a Virginia attorney about this.  As with every state, the paramount concern is the 'best interests of the child'  \n\nStatute: §16.2-283(A), (B)-(E), (G)\n\nGrounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, voluntary relinquishment, identity or location of parent unknown, aggravated circumstances.
264804
You need to contact social services and a lawyer that practices family law and custody cases. If she's wanting to take that child away from you and you still intend to act like a father and be responsible for that child, you need to get some legally binding paperwork stating that you have partial custody and visitation, and child support. \n\nI'm not a lawyer but if she takes that child across state lines without you agreeing to it, and not having made any sort of legal arrangements, it's kidnapping. This is very serious and you should contact someone for help with this immediately.