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SuzieQfromtheUK · May 30, 2011, 03:23 PM

I am a potential Grandmother of a young son whom may have gotten a woman pregnant. My son wants "custody" of this unborn child when it is born sometime in the fall. What are his chances of child custody? He is currently living in Virginia and wants to relocate out of the state once the child is born... The woman has two children already that receive SSI checks and are in diapers,- ages two and three. Any legal advice or help/ideas. Perhaps similar situation.

JudyKayTee · May 30, 2011, 03:29 PM

First he waits until the child is born; then he goes to Court and requests DNA testing to prove that he's the father; if he is the father he then goes to Court PROVES the mother is unfit to raise the child and is awarded custody. Only he knows the exact circumstances. A woman raising 2 other children on SSI is not necessarily unfit.

He can address "moving out of State" in the same Court petition. I would venture an informed guess that the mother WILL be awarded visitation if he is awarded custody. If she's on SSI her financial means are strapped. He would have to pay to have her visit with the child. I very much doubt she will lose custody and all visitation rights.

He will, of course, be ordered to pay child support if he is the father and is not awarded custody.

When he was having unprotected sex with her did he realize she had two children (ages 2 and 3) and was on SSI?

SuzieQfromtheUK · May 30, 2011, 03:42 PM

Thanks for the advice. The children were premature babies and are currently on SSI since birth. He knew she had children but did not fully know the whole story. She wants a girl and told him she will fight for the girl, however, will give him the unborn, if it is a boy! My son wants the child regardless of the sex...

ScottGem · May 30, 2011, 03:50 PM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

While courts are being more liberal about awarding custody to fathers, its still not common. To get custody of an infant and then move that infant away from it's mother will be even harder.

He needs to hire a Family law attorney who is familiar with the local courts and can give him advice on the best strategy.