I'm hoping someone that knows the law or that has been in this situation can help me. I just joined the site to get help - wasn't sure where to post so I posted in 2 places.

This situation is tricky, but I'll try to be clear.

Was in a realtionship for 1 year, 3 mos. Got engaged after 7 mos., pregnant 1 month later, then married a few months into pregnancy. Relationship was verbally abusive - never should have married but with baby on teh way, thought it was for the best. After too much abuse, decided to leave the home after a few weeks of marriage (never actually moved in, as I still maintained my apt). Tried to get annullment, but laws in VA won't permit. I am now told that I have to go thru a full divorce, and VA laws require 1 year separation if child involved (baby due any day now).

Questions:

1) Do I have to name him as father on birth certificate at delivery?
2) Does baby have to take his last name? I never changed mine after marriage (been 2 mos since marriage performed)
3) Until legal separation has been drafted, his he entitled to visitation?
4) Do I still have to establish paternity (child was conceived well before marriage)

Please help, as I need advice and help in filling out papers in hospital.

Thanks!

1. Yes, the child was born during the marriage. He IS the father.
2. No, the baby does not have to be given his last name. HOWEVER, you need to be aware that if and when custody/visitation goes to court, he can ask that the child's name be changed or that his last name be added, and has a very good chance of having his request granted. Why don't you just hyphenate the last name? (smith-jones)
3. You and he have the exact same rights to the child until a court order is entered stipulating otherwise.
4. No, paternity is already legally established, as you two are married and there is no way to show that he could NOT be the father (OBVIOUSLY).

Of course, this is all once the baby is actually born. You are going to have to accept that he IS the father of the child, and as you two are married, he DOES have rights from the beginning. You cannot stop him from having anything to do with the child. You will need to file for custody/visitation. The court order will spell out exactly what you are each entitled to and what responsibilities you have with the child. But unless he is PROVEN to be a danger and/or unfit to be a father, the court order will not help you keep him out the child's life. It will help him ensure that he is not cut out.

1. Yes, the child was born during the marriage. He IS the father.
2. No, the baby does not have to be given his last name. HOWEVER, you need to be aware that if and when custody/visitation goes to court, he can ask that the child's name be changed or that his last name be added, and has a very good chance of having his request granted. Why don't you just hyphenate the last name? (smith-jones)
3. You and he have the exact same rights to the child until a court order is entered stipulating otherwise.
4. No, paternity is already legally established, as you two are married and there is no way to show that he could NOT be the father (OBVIOUSLY).

Of course, this is all once the baby is actually born. You are going to have to accept that he IS the father of the child, and as you two are married, he DOES have rights from the beginning. You cannot stop him from having anything to do with the child. You will need to file for custody/visitation. The court order will spell out exactly what you are each entitled to and what responsibilities you have with the child. But unless he is PROVEN to be a danger and/or unfit to be a father, the court order will not help you keep him out the child's life. It will help him ensure that he is not cut out.

Thank you so much!

Regarding establishing paternity, I had this question since the baby was conceived several months before marriage and I wasn't sure if that changed things.

As for visitation, I have accepted that he is the father, I just didn't know what the law stipulated around visitation before a custody agreement has been settled. There are concerns about him being alone with the child that I have not expressed, and unfortunately, we have not been able to come to an agreement on visitation terms on our own so I wanted guidance on moving forward before that's settled.

Thanks again!