Unborn Child Father Rights in VA

[SnowDC]

What is the name of your state (only U.S. law)? Virginia


So my girlfriend is leaving to Florida, claiming that after therapy etc that we cannot be together any longer. The child is to be born 12/20.

I know once kids are born you can limit the mother to not moving etc, but are there any rights, federal or state, that will prohibit her from just up and leaving prior to the birth of the child?


So far it seems "America, all the responsibilities of fatherhood, but not rights until birth"

 

[ecmst12]

Fathers don't have rights until the child exists and they've been legally declared to be the father. Once he or she is born, you can file to establish paternity. Oh and by the way you can't EVER limit the mother from moving. Under some circumstances, you can prevent the CHILD from being moved, but those circumstances generally don't include when mom is the custodial parent and already lives in a different state from you. But once paternity is established, you can expect to be granted visitation (though the schedule might be difficult if the child is living 1000 miles away and is a newborn) and for child support to be ordered.

 

[LdiJ]

What is the name of your state (only U.S. law)? Virginia


So my girlfriend is leaving to Florida, claiming that after therapy etc that we cannot be together any longer. The child is to be born 12/20.

I know once kids are born you can limit the mother to not moving etc, but are there any rights, federal or state, that will prohibit her from just up and leaving prior to the birth of the child?


So far it seems "America, all the responsibilities of fatherhood, but not rights until birth"

No, there is nothing that you can do. Had you chosen to marry the mother of your child before conceiving your child you might have had some recourse, but that isn't your situation.

 

[single317dad]

Getting yourself registered on the putative father registry is probably a good idea. Otherwise, there's not much you can do until the child is born.

http://www.dss.virginia.gov/family/ap/putative_fatherhood.cgi

 

[ecmst12]

Won't help if the child is born in Florida...

 

[single317dad]

Won't help if the child is born in Florida...

Well, then, register in Florida.

http://www.floridahealth.gov/certificates/certificates/birth/Putative_Father/index.html

 

[Zigner]

No, there is nothing that you can do. Had you chosen to marry the mother of your child before conceiving your child you might have had some recourse, but that isn't your situation.

Other than an extra step or two for the unmarried parents, the recourse is the same, namely, court for custody orders, visitation orders, etc.

 

[single317dad]

Other than an extra step or two for the unmarried parents, the recourse is the same, namely, court for custody orders, visitation orders, etc.

If I were in the shoes of a married man whose pregnant wife had moved 4 states away, I'd quickly file for divorce in my own state to establish jurisdiction.

If I were in OP's shoes, well, I wouldn't.

 

[Just Blue]

What is the name of your state (only U.S. law)? Virginia


So my girlfriend is leaving to Florida, claiming that after therapy etc that we cannot be together any longer. The child is to be born 12/20.

I know once kids are born you can limit the mother to not moving etc, but are there any rights, federal or state, that will prohibit her from just up and leaving prior to the birth of the child?


So far it seems "America, all the responsibilities of fatherhood, but not rights until birth"

No. You have no "rights" to control the ex girlfriend.

What happened in therapy??

 

[Zigner]

If I were in the shoes of a married man whose pregnant wife had moved 4 states away, I'd quickly file for divorce in my own state to establish jurisdiction.

If I were in OP's shoes, well, I wouldn't.

That would establish jurisdiction for the marriage/divorce. Not necessarily for the unborn child.