Custody battle newborn

Asked over 1 year ago - Virginia Beach, VA

relationship of 3 years father bailed when I found out I was pregnant. I am in process of taking him to court for custody, my daughter is 3 months old, He has not contributed anything, not even a much as a phone call towards her, He refuses to communicate at all and my question is can I request him to take some anger managment and some parental classes? I am afraid of how we are going to co parent. And also do you think I could get back child support from the months he didn't pay or help? Does anything in court count towards his absence in the pregancy and all these months?

Attorney answers (3)

  1. James Donald Garrett

    Contributor Level 20

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    Answered . Custody and visitation are determine by what is in the best interest of the child. Any evidence you have concerning the father's behavior and his lack of presence during the pregnancy will be considered. This does not mean that he won't be entitled to visitation with the child in order to form a parental bond. He and the child are both entitled to that relationship.

    As for the child support, the court is permitted to back date any child support to the date of filing. Child support is established using statutory guidelines that take into account both parents' incomes.

    You should contact a child custody attorney to assist you with your case. There are many factors that need to be argued to the court to ensure the most favorable outcome in both the custody/visitation issue and the child support.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  2. Deborah Ann Johnson Wilson

    Contributor Level 13

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    Lawyer agrees

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    Answered . Ironically, there is no correlation between child support and custody. The two are treated as separate legal issues. If the two of you are involved in a toxic relationship, which makes it difficult to co-parent, a court may find this type of adversity contrary to the best interest of the child. In order to prevail, you must convince a court that the facts in your case, as applied to the statutory scheme in Virginia Code Section 20-124.3 would justify a sole custody determination. The law presumes that the best interest of a child is served by contact with both parents. However, if you have evidence to the contrary it will be considered in your custody case. Child support decisions are based upon the guidelines found in Virginia Code Section 20-108.2. The effective date of a support order is retroactive to the date of filing/service. Please confer with an experienced family lawyer in your area so steps can be taken to put together an effective strategy for your case. Unfortunately, Avvo can only offer general information. Legal advice can only come from meeting with an attorney and sharing ALL information pertinent to the specific facts in your case. . Best of luck to you~

    This response is only intended for informational purposes and is not intended as legal advice or as a substitute... more
  3. David Michael Mccormick

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Establish custody, visitation, and child support through the JDR court in Virginia Beach. You will receive back child support from the date of the filing of the petition. You can request he take the classes, but doubt if a Judge would order them.

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