How do I file for half custody of my son if his mother moved to another state with him?

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How do I file for half custody of my son if his mother moved to another state with him?

No orders are in place at the moment. We were never married and I am on the birth certificate.

Asked on November 21, 2011 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

So at this point in time there is no legal determination or order naming you as the father of your child, correct?  And you now want to establish that paternity, custody and visitation.  Along with that will come a determination as to child support.  The general rule is that determinations on these matters just be brought in the state in which the child resides.  Otherwise the court does not have what is called jurisdiction over the child which allows them to make a determination on the matters before the court.  So you will have to hire an attorney in the state in which your son now lives to help bring the action. You and his Mother can also agree on the issues as well.   Good luck to you.


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