Terminating Parent Rights In Virginia

[Pixiestix]

My sister was awarded sole legal and physical custody of her 4 month old son with father visitation based on her discretion. The reason why the judge ruled this way was because the father didnt come to court on time (He was three hours late) and he has prior offenses. Now he is very upset with the ruling and doesnt want the child anymore he is in the process of petitioning the court so all his "rights" will be waived from the child. Is it possible for the courts of Virginia to waive all rights and financial obligations of the father just because he doesnt want to be a father anymore?

 

[jacksgal]

If Mom is not currently married doubtful. If Mom is married and her Husband is willing to adopt child yes its possible. Now even a TPR is ordered this will not erase any arrears Bio Dad may have

 

[Duranie]

Unless there is going to be a step-father to adopt, he cannot just give up his rights. This is not something he can just petition to do. Only the mother can file for this, but if she is not remarried then it is not in the childs best interes to leave him legally fatherless.

 

[Pixiestix]

The mother is single with no plans to marry.

I talked to the Virginia child support office and they told me that if he petitions the court for his rights to be terminated and the judge agrees he will owe back child support but none moving forward in childs life.

I have heard so many different answers. I have heard that the judge will waive his legal rights (not an expert on custody etc but it seems to me like he has no rights if my sister has sole legal custody) but he still has to pay child support. Another person told me once everything goes through he will not have any rights and not have to pay any child support only child support owed which is only about 400 since the baby is only 4 months.

 

[augustbaby1968]

After the termination of rightshe will not be responsible for the child in any way and that includes support financially.

 

[Pixiestix]

After the termination of rightshe will not be responsible for the child in any way and that includes support financially.

Ok if this is true, then why dont more "dead beat dads" just sign their rights away to avoid all the drama of child support payments.


Is this a common practice? Voluntarily giving up your child so you don't have to pay?

 

[jacksgal]

1st any arrears will still be owed so giving up rights will not remove monies owed so no benefit there. 2nd (as mentioned) without a current husband willing to step in as "Dad" a ruling in favor of removal of parental rights is very unlikely

 

[Scooterdog]

Parental rights may not be terminated without "clear and convincing evidence."SANTOSKY V. KRAMER, 102 S.Ct. 1388 (1982)

 

[augustbaby1968]

Most don't give up their rights, but this is legal. This is the same avenue that is if a stepdad wanted to adopt the child. The bio dad has to give up rights, then the step can adopt. Most dads are to territorial to let go of children even if the don't pay the support .

 

[Pixiestix]

Alright thanks a lot you all I just needed a CLEAR CUT AND DRY answer cause I have been hearing too many things and I do not know much about family law

 

[Duranie]

I wouldnt allow this if I were you. He likely cannot do it unless you are agree and since you are not remarried, may not happen anyways.

Just stop listening to him.

 

[augustbaby1968]

The mother does not have a say in whether the dad gives up his rights. The judge is the only one who has a say. The dad will have to give his reasons to the court. It is up to the courts to accept his arguments as to why he is requesting this action, not the mothers.