Unwed with children in virginia

[Fjohn012]

Jurisdiction

Virginia

Currently, my ex and I have two children together. My desire to co parent with him isn't working out. His anger and control issues have caused me to consider getting a legal custody order. My question is, since we're not married and he hasn't claimed paternity (he signed the birth certificate, not sure if that counts) does he have any rights to visitation? I don't want to keep our girls from him but it's getting more and more difficult to deal with him on a daily basis. He's a very angry man at this point, towards me. I just don't know my rights completely.

 

[adjusterjack]

he hasn't claimed paternity (he signed the birth certificate,

That does count.

does he have any rights to visitation?

Yes.

He also has an obligation to pay child support.

just don't know my rights completely.

Then talk to an attorney.

 

[army judge]

How does one establish paternity in Virginia?
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Read this informative pamphlet authored by the state of Virginia to answer questions related to establishing paternity in VIRGINNIE!!!!
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http://www.dss.virginia.gov/pub/pdf/dcse_paternity.pdf
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However, establishing paternity does NOTHING to resolve custody, visitation, and/or support issues related to the child(ren)!!!
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Under most circumstances, when a child is born to unmarried parents, the child lives with the mother and the mother has legal custody of the child.

However, DCSE cannot address custody and visitation as those matters must be addressed through the courts.

Only paternity and an order for support can be established by DCSE.

The court must create a custody or visitation order after paternity has been established.
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[leslie82]

Currently, my ex and I have two children together. My desire to co parent with him isn't working out. His anger and control issues have caused me to consider getting a legal custody order. My question is, since we're not married and he hasn't claimed paternity (he signed the birth certificate, not sure if that counts) does he have any rights to visitation? I don't want to keep our girls from him but it's getting more and more difficult to deal with him on a daily basis. He's a very angry man at this point, towards me. I just don't know my rights completely.

You should have gotten one right away. He has rights to visitation yes - you both need to go to court and get a plan in writing. Also there is something called Family Wizard that you can use to document communication and I believe it goes through the court or something.