Q: If the mother is 17 an the father is 18 in virginia,who gains custody ?
If the mother of the child is age 17 and the father is age 18 and unwed in the state of Virginia,is it at all possible for the baby to be born with the father's last name and shared custody between the mother and father?
A: Even though the parties are unwed, it is possible for the baby to have the father's last name. The last name of the child would be something that is determined when the parties complete the information for the child's birth certificate. However, please be advised that just because the child has the father's last name does not automatically mean that paternity has been formally acknowledged. As far as custody and visitation, it is possible for them to have shared custody. The first step would be for either party to petition the Juvenile and Domestic Relations Court in the county in which the child resides, to enter a determination of custody, visitation, and/or child support. If the parties have an agreement, they can submit the agreement to the court for entry. If the parties are unable to reach an agreement the court will hold a hearing to decide which custody and visitation arrangement would be in the best interest of the child based on the evidence and testimony presented.
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