mother has sole custody even if living with father
The mother. The father have to petition the court for custody or visitation right.
If the parents are going to split up, one needs to file with the courts to define custody, child support, visitation, etc.
If married, both parents. If single, the mother
If the parents have never married and live separately with their own parents, a court would need to decide on custody. Typically, the court will place the child with the mother, but the best interests of the child are primary.
The mother is presumed to have custody unless there is a court order saying otherwise.
She already has sole legal custody as an unmarried mother. He can petition for visitation and pay child support.
the person who has physical possesion of the child.
In Virginia, when parents are not married, the mother automatically has legal custody of the child at birth. The father does not have legal rights until paternity is established, which can be done through a voluntary acknowledgment of paternity or a court order. However, the father can seek custody or visitation rights once paternity is confirmed. It's advisable for both parents to seek legal counsel to understand their rights and responsibilities.
If you were not married when the child arrived the legal custody lies with the mother. The father have to prove paternity in court before he can get his parental rights.
The mother. If she dies, her parents get custody.
mother has sole custody, father has child support obligation. see link
The mother. The father have to petition the court for visitation and custody after paternity has been established with a DNA test. Then he can also pay child support.