When I got pregnant I was living in New York with my baby father once he found out I was pregnant he wanted me to get an abortion I didn't get an abortion so he kicked me out I moved back to Virginia with my mother and now he wants me to send my 6 month old son 8 hours away so that he can see him I would rather him come to Virginia to see my son what would happen if I took this court would a judge make me send my son eight hours away and what if he wanted to take me to court first would he have to come to court in Virginia or would I have to go to New York for court
If you have been living in Virginia with your son for the past six months, I suggest filing for custody here in Virginia. That way you will have an order clearly stating that you have custody and forcing him to come here to request visitation. In addition, I would suggest doing this prior to allowing your child to go to New York because right now without an order in place, he could easily keep your son so he could file up there.
Which court you need to file in depends on where you son has been living for the last six months. It appears from your question that he has lived in Virginia his entire life, which would make Virginia the proper place to file. I would highly recommend speaking with a family law attorney in your area, many offer free initial consultations. Filing a petition in Virginia will get a court to determine the proper custody of the child and a potential visitation schedule based on the best interest of your son.
This post is not intended to create an attorney-client relationship, nor should the information contained therein be considered as legal advice. Each case is unique, and posters should seek independent counsel to handle their legal problems. This post is merely intended to be educational in nature. I am not your attorney, nor do I agree to appear in court for you by posting this information.
What a judge will ultimately do, is something that no one can tell you. However, if your child's father wants some kind of visitation now, under the law, he can ask for it. Virginia is the proper location for a court to determine custody and visitation, since it sounds like your child was born here and has lived here the past six months. I do recommend filing for custody and visitation in your local court yourself, as this will help define the legal relationship that both of you have with your child.
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