Virginia Beach Custody Lawyer for Unmarried Parents

When a child is born outside of marriage, the legal path forward isn’t always clear. Many parents find themselves unsure about what comes next, including who will make decisions, how parenting time will be determined, and what their role will look like long-term. Virginia law offers a structure, but the process can still feel confusing without guidance.

At Mahoney Richmond Thurston, PLLC, our attorneys draw on decades of experience to help you make these decisions with certainty. We’re here to advocate for your role in your child’s life and help you build the stable, secure future your family deserves.

Who Has Custody When Parents Are Unmarried?

In Virginia, the law automatically grants sole legal and physical custody to the mother when a child is born outside of a marriage. This means she has the authority to make major decisions regarding the child’s upbringing, and the child resides with her. For a father to obtain any parental rights, including custody and parenting time, he must first legally establish his paternity. Without this crucial step, he has no legal standing as the child’s father.

How Unmarried Parents Can Gain Custody Rights

For fathers, establishing paternity is the gateway to parental rights. This can be done in two primary ways: by both parents signing a legal document called a Voluntary Acknowledgement of Parentage, or by one parent filing a paternity action in court. Once paternity is legally established, a father can petition the court to address custody, parenting time, and other matters, such as child support.

Mothers may also seek court orders to formalize custody and parenting time arrangements. A court order provides clarity and an enforceable structure that protects both parents and the child.

How Courts Decide Custody for Unmarried Parents

When unmarried parents cannot agree on a custody arrangement, a court will make the decision. Virginia courts apply the same legal standard to unmarried parents as they do to divorcing spouses, which is the “best interests of the child.” A judge will evaluate several factors to determine a suitable custody arrangement, including:

• The emotional bonds between the child and each parent.
• Each parent’s capacity to provide the child with food, clothing, and medical care.
• The stability of the family unit and the home environment.
• Each parent’s moral fitness and mental and physical health.
• The child’s reasonable preference, if the court deems the child old enough to express one.
• Each parent’s willingness to foster a positive relationship between the child and the other parent.

The court’s primary goal is to create an arrangement that supports the child’s well-being and development.

Negotiating a Parenting Plan Without Court

Unmarried parents can work together to create their own parenting plan, just as a married couple would. By negotiating directly, you maintain control over the decisions that affect your child, rather than leaving the final say to a judge. This collaborative approach can reduce conflict and set a positive tone for co-parenting. A comprehensive parenting plan typically outlines custody arrangements, specific parenting time schedules, and the process for making major decisions.

How an Attorney Can Help

A knowledgeable family law attorney plays a critical role in helping unmarried parents with custody matters. Your lawyer can assist with establishing paternity, protecting your parental rights, and representing your interests in court if a dispute arises. They can also help you negotiate and draft a legally sound parenting plan that reflects your agreements and protects your child’s best interests. An attorney provides professional advocacy and clarity during a complex time.

Stand up for Your Role in Your Child’s Life

Custody laws in Virginia are designed to support the child’s well-being and give both parents the chance to be active in their child’s life. If you’re facing custody questions as an unmarried parent, you don’t have to go through this alone. Mahoney Richmond Thurston, PLLC, is ready to guide you toward a solution that supports your child and your relationship with them. Contact us today to get started.