More details to this question:
I was 9 months pregnant when my fiance and I broke up and I had no where to go so my mom moved me to Virginia from Tennessee. My ex told me if I went for child support he would go for custody. For 6 years I have taken care of my child without any financial support. I do not have automatic custody because I never filed afraid that I could have him taken from me. The father is not on the birth certificate. Its a constant struggle to keep up and I need someone to help me so I can get out of this and be able to give my son what he needs.
1 ANSWER
As a general rule, the law provides that both parents owe a duty of support to a minor child. This means that both parents are responsible for child support until the child becomes an emancipated adult. The non-custodial parent should not be allowed to avoid his/her obligation to pay support by threatening to divest the custodial parent of custody.
If the father's name is not on the child's birth certificate, and there is a question regarding the child's parentage, the father can file a petition to establish paternity. Once paternity is established, the father may file a petition seeking custody and or visitation. The grant or denial of custody and or visitation is based upon the best interest of the child, as set forth in Virginia Code Section 20-124.3.
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Answered on Oct 29th, 2018 at 8:00 AM