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Mother Gave Up Custody of the Child During Paternity Proceedings

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  • 10-06-2013, 01:20 PM
    SecondWifeSucks
    Mother Gave Up Custody of the Child During Paternity Proceedings
    My question involves paternity law for the State of: Virginia
    In the midst of establishing paternity for elementary aged child in Va. Custody is with grandparent as Mother surrendered her custody while on drugs. Custody is not being disputed. Upon establishment of paternity, Father wants visitation rights. He too has had past drug problems and conviction over the years but is in recovery and gainfully employed. Mother has outstanding warrants from another state. Currently, child believes another to be her Father. Questions..will the court appoint a Guardian Ad Litem or a social worker to assist the child? Can this be done without consent of the 2 parties? Will visitation be granted to Father if Grandma and bio-Mom fight dirty? Main concern is child. What steps do you advise if any for Dad? -Can Grandma and bio-Mom arrange for a counselor for child without court or Dad's input and approval? This is a
    2nd generation with issues such as this. So, Grandma is well versed. Please share you advise and thoughts......
  • 10-06-2013, 01:25 PM
    Dogmatique
    Re: Paternity Establishment/Visitation/Guardian Ad Litem-
    If the parent requests a GAL, one will generally be appointed. Either or both parents may be responsible for the costs.

    If Dad wants visitation, he will get visitation - it may be supervised and/or "stepped in" to begin with, but he will get some sort of visitation.

    If the child needs counseling, I see no valid reason why Dad would object but given that he has no legal rights at the moment, it's up to whoever has legal custody.
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