Custodia

The relationship between a parent and child generally has to be proven before that parent can be given custody or visitation by the courts. This may be called “paternity” for a father or “parentage” more generally for any parent.

A mother may establish her relationship with the child by proving that she gave birth to the child.¹ For a parent who did not give birth to the child, the relationship with the child may be proven by:

1. a DNA test that establishes at least 98% probability of paternity;
2. an acknowledgement of paternity signed by both parents;
3. adoption paperwork;
4. evidence that the parents lived and slept together at the likely time of the conception of the child;
5. evidence that the parent agreed to or acknowledged the child having that parent’s last name, whether by words or behavior; or
6. the parent claiming the child on a tax return, statement, or any other document filed with a local, state, or federal government or agency.²

¹ Va. Code § 20-49.1(A)
² Va. Code §§ 20-49.1(B), (C); 20-49.4