Boyfriend vs. Convicted Felon (Bio father)

[ctbabyma07]

Area of law: Family law
Country: United States of America
State: Virginia

My boyfriend was in a relationship in which his girlfriend cheated on him
with another man and she got pregnant. The other man ended up going to jail
and my boyfriend ended up taking care of the little girl (who is now 5 years
old), practically raising her. The little girl has been living with him for
like the past year (while the mother joined the military and left VA). Well
just within the past month, the biological father was released from jail and
the mom is back home in VA. The biological father wants to take the
daughter away from my boyfriend. Is there anything my boyfriend can do
about this situation regarding custody? The mother has knowingly given my
boyfriend custody (not legally though) so that she could participate in the
military and now he is afraid she may go back on their agreement. What is
he to do?

[tbyte]

Normally there would not be much that he could do, but if the child has been under his care for several years, with the biological father absent, he may be able to argue that giving him custody is in the child's best interest, and the "best interest of the child" is supposed to trump all other concerns.
He is going to need a lawyer, though.

[crazylette05]

Well the first thing i am gonna ask is, is the biological fathers name on the childs birth certificate?Believe it or not that will make a difference. Because if hes not then if they were to go to court, as far as custody goes your boyfriend is the only father figure that child knows so they may not just jerk her from you guys. Idk how your state does things though,they might let him keep custody and then the biological father may get visitation or vice versa..