how do i go about getting custody of my 2 year old son when his father walked out on us and i do not have the childs birth certificate

In matters involving custody of children, primary consideration is given to their best interests. Between parents, there is no presumption in favor of the mother or the father and the court's decision is rendered in consideration of the factors set forth in Section 16.1-278.15, 20-124.3 in the Code of Virginia. You'll need to petition the court for an order for custody of your son. You'll need to have an address for the father, as he is entitled to notice of the action. A copy of your child's birth certificate is not a prerequisite to filing a petition for custody. However, if the child was born in Virginia, you can apply to the Virginia Department of Health to obtain a copy using an Application for Certification of a Vital Record and ID Requirements - which is available on their website at http://www.vdh.virginia.gov/Vital_Records/documents/appform.doc. The above response has been provided for general guidance on matters of interest only and is not intended as a legal advice. No attorney-client relationship has been created between the reader of this response and The Law Office of Karen M. Holman, PLLC.