One of the most frequently asked questions of Virginia family law attorneys is how a parent’s parental rights can be terminated. Often times a custodial parent wants to terminate the rights of the noncustodial parent because (s)he is not paying support, has not seen the child in years, and or is not a positive influence in the child’s life. Other times the noncustodial parent wants to terminate their own parental rights in an effort to avoid paying child support. Termination of parental rights is extremely serious. If a parent’s rights are terminated (s)he no longer has any parental responsibility, including financial, and can at no point in the future legally ask to be involved in the child’s life.
In Virginia, the parental rights of one parent can be terminated only if there is a third party, such as a step-parent, willing to step into that parent’s role. Many single parents struggle with hearing this information because they feel as though their hands are tied. They question the logic of a law that allows a parent who is not financially supporting his or her child and is not a good influence to continue to be involved in the child’s life.
The honest answer is that everything comes down to money and finances. Without a third party to legally assume the parental role, the Court would be creating a greater chance of the child becoming an orphan and possibly a ward of the state. If that happens, then the Commonwealth of Virginia would become responsible for financially supporting that child. The Commonwealth does not want to terminate the rights of any parent, unless there is another person to step into that (financial) role, because the Commonwealth wants, if needed, to seek financial support from that parent. Once this is explained, most parents understand the Commonwealth’s position. However, most of these parents state that if something happened to them, a family member would petition the court for custody to avoid the child becoming a ward of the state, which is likely true.
Involuntary termination of parental rights is possible in the rare cases where it is proved by clear and convincing evidence (i) that a parent has been guilty of abuse or neglect that endangered the child’s life and health, and (ii) that it is not reasonably likely that the problem can be resolved so that the child can continue to spend time with both parents. If you believe that your child is being abuse and neglected, you should contact the Department of Social Services and promptly speak with an attorney.
If you are a custodial parent with a third party, such as a new spouse, interested in adopting your child(ren), please read my blog posting on Stepparent Adoption In Virginia for more information.
The family law attorneys at Livesay & Myers, P.C. have extensive experience with stepparent adoptions and others cases involving termination of parental rights in Virginia. We represent clients in Manassas, Fredericksburg, Fairfax, and throughout Northern Virginia. Contact us to schedule a consultation today.
About Stephanie Sauer
Stephanie Sauer is a family law attorney in the Fairfax office of Livesay & Myers, P.C. She has litigated every type of family law matter in the courts of Northern Virginia, earning a reputation as a knowledgeable and aggressive advocate for her clients. Ms. Sauer's practice includes separation, divorce, custody, adoption and cases involving termination of parental rights.
10 Responses to “Termination Of Parental Rights In Virginia”
Danielle says: so as a non custodial parent, if I wanted to sign my parental rights to my mother, I could do that? And she could assume custody of the child?
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Stephanie Sauer says: @Danielle, allowing a grandparent to adopt when one of the biological parents maintains his or her parental rights is not permitted. Under Virginia law, a grandparent may be granted custody and/or visitation. A grandparent may even adopt a grandchild but both biological parents’ parental rights would be terminated before the process is completed. Contact us to schedule a consultation to discuss your options, if you live anywhere in Northern Virginia.
Jennifer Mullins says: So if my son’s biological father hasn’t been involved in his life for over 7 years (the child is 8 now) and has failed to support him financially, can I have his rights terminated? I am engaged to be married to a man that is willing to adopt the child. I have no idea where the biological father is and have no way of contacting him.
Kay says: Must the person willing to adopt the child be a spouse of the custodial parent? What if my friend or boyfriend is willing to adopt the child?
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Can my brother adopt the child and sever the non-custodial parent’s rights?
Stephanie Sauer says: @Jennifer, after you are married, your husband and you could decide to move forward with a Stepparent Adoption. If you do not know where the child’s father is located then we would proceed with Notice of Publication to provide him with the statutorily required notice. The Notice of Publication is published in a newspaper in the last known area of residence. I would be happy to provide you more information about the process (just call or email us for a consultation). Best of luck.
Stephanie Sauer says: @Kay, a boyfriend or a friend cannot adopt a child. It must be a new spouse if you wish to retain your parental rights.
Amber says: My child’s father has not seen her in years and does not provide financial support. Could I terminate his rights and let my ex-husband adopt her whom I have a child with? Also my daughter was born there in Virginia and I have a custody paper from there, but now live in Arkansas (since Oct 2007), my state of residence (I was active duty there in VA). Would I need to contact a lawyer in VA or AR to file any petitions? Also the father lives and is a resident of North Carolina. Thank you
michele says: If the non-custodial parent wants to terminate parental rights & the custodial parent agrees, but there is no third party, is it possible?
Stephanie Sauer says: @Michele, even if the non-custodial parent wants to voluntarily terminate his or her parental rights, it cannot be done unless a third party is able to step into that parent role. The Virginia legislature wants to ensure that if something were to happen to the custodial parent then the child would not become a ward of the state. If the child becomes a ward of the state, then various departments within the Commonwealth can seek child support from the non-custodial biological parent.
so as a non custodial parent, if I wanted to sign my parental rights to my mother, I could do that? And she could assume custody of the child?
@Danielle, allowing a grandparent to adopt when one of the biological parents maintains his or her parental rights is not permitted. Under Virginia law, a grandparent may be granted custody and/or visitation. A grandparent may even adopt a grandchild but both biological parents’ parental rights would be terminated before the process is completed. Contact us to schedule a consultation to discuss your options, if you live anywhere in Northern Virginia.
So if my son’s biological father hasn’t been involved in his life for over 7 years (the child is 8 now) and has failed to support him financially, can I have his rights terminated? I am engaged to be married to a man that is willing to adopt the child. I have no idea where the biological father is and have no way of contacting him.
Must the person willing to adopt the child be a spouse of the custodial parent? What if my friend or boyfriend is willing to adopt the child?
Can my brother adopt the child and sever the non-custodial parent’s rights?
@Jennifer, after you are married, your husband and you could decide to move forward with a Stepparent Adoption. If you do not know where the child’s father is located then we would proceed with Notice of Publication to provide him with the statutorily required notice. The Notice of Publication is published in a newspaper in the last known area of residence. I would be happy to provide you more information about the process (just call or email us for a consultation). Best of luck.
@Kay, a boyfriend or a friend cannot adopt a child. It must be a new spouse if you wish to retain your parental rights.
My child’s father has not seen her in years and does not provide financial support. Could I terminate his rights and let my ex-husband adopt her whom I have a child with? Also my daughter was born there in Virginia and I have a custody paper from there, but now live in Arkansas (since Oct 2007), my state of residence (I was active duty there in VA). Would I need to contact a lawyer in VA or AR to file any petitions? Also the father lives and is a resident of North Carolina. Thank you
If the non-custodial parent wants to terminate parental rights & the custodial parent agrees, but there is no third party, is it possible?
@Michele, even if the non-custodial parent wants to voluntarily terminate his or her parental rights, it cannot be done unless a third party is able to step into that parent role. The Virginia legislature wants to ensure that if something were to happen to the custodial parent then the child would not become a ward of the state. If the child becomes a ward of the state, then various departments within the Commonwealth can seek child support from the non-custodial biological parent.