Asked in Child Custody and Domestic Violence for Virginia

Q: A friend needs legal advice how to go about not letting father of 3 weeks old take child when he wants.

A friend of a co worker has a 3 week old baby. She recently left an abusive relationship with father. She let the baby's dad take him for the dad and was to be back at a certain time. He is now refusing to bring the child back. What does she need to do legally to get her child back and have full custody of him. He is on the birth certificate so she is not sure what she legally needs to do to not let him just take the child whenever he wants.

2 Lawyer Answers

A: This is a family law question, not criminal defense. I will transfer your question.

A: She should file a Petition for Custody and Child Support. If she is not married to the father, this would be done in the Juvenile and Domestic Relations Court in the county in which the baby resides.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.