Norfolk, VA asked in Child Custody for Virginia

Q: Can my girlfriend move down here with her unborn child if the father does not want anything too do with the child

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1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
Answered
  • Divorce Lawyer
  • Vienna, VA
  • Licensed in Virginia

A: Your girlfriend can move wherever she wants. The courts only have authority to decide where children live.

If the child is unborn, there is no custody order possible.

If custody does become an issue, then the UCCJEA will dictate that the court in the jurisdiction where the child has lived since birth or the last six months is the court with jurisdiction.

Under UIFSA, if she wishes to receive child support, she will have to go to the state where the father resides.

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