Tag:termination of parental rights

Can You File for Custody If Your Parental Rights Were Terminated in Virginia?

If your parental rights to a child have been terminated, under Virginia law you do not have standing to file a petition for custody of that child. Under Virginia Code Section 20-124.1, a petitioner seeking custody of a child must be a “person with a legitimate interest.” The statute specifically provides that a person with a legitimate interest does not include a party whose parental rights have been terminated by a court order, either voluntarily or involuntarily. However, in 2013, the General Assembly enacted Virginia Code Section 16.1-283.2 to provide a procedure for restoration of parental rights. Once a parent’s parental rights are restored pursuant to that code section, he or she can file a petition for custody.

Who Can Petition for Restoration of Parental Rights?

The statute distinguishes as … Read More »

A frequently asked question in Virginia divorce cases is whether one party may relinquish his or her parental rights in exchange for a termination of that party’s child support obligation. Can the parties include such a provision in a separation agreement?

This question was recently answered, quite definitively, in Layne v. Layne, 61 Va. App. 32, 733 SE2d 139 (10/23/2012).

Layne v. Layne involved a married couple with one child. The parties separated and later reached a separation agreement, which included the following provisions:

Child Custody and Visitation: Mother agrees that she has and does hereby relinquishes [sic] her parental rights and any and all claims of parenthood to the child.

Child Support: Father hereby waives the right to any claim of child support.

The separation agreement was approved and incorporated into a Final Decree of Divorce of the parties. Then, over five years later, … Read More »

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 … Read More »