Virginia law does not allow you to voluntarily terminate your own parental rights, except when you are consenting to the adoption of your children by someone else. If you think you are not able to properly care for your children right now, one of your options is to petition the Juvenile and Domestic Relations Court for someone else to have legal and physical custody, with visitation rights for you. A court order for custody and visitation can be changed if your circumstances change. If you feel you are struggling with your ability to properly care for your children, you may wish to call DSS to see if they have educational or other support services for you to improve your parenting capacity and skills. Another option, if you already have legal custody, is for you to ask to be relieved of the care and custody of your children, so that DSS can place them in foster care. That is not the same as termination of your parental rights. You can call DSS to ask about this option.
Full Answer
Nov 14, 2012 · 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.
Apr 15, 2022 · Termination of residual parental rights. A. The residual parental rights of a parent or parents may be terminated by the court as hereinafter provided in a separate proceeding if the petition specifically requests such relief. No petition seeking termination of residual parental rights shall be accepted by the court prior to the filing of a foster care plan, pursuant to § 16.1 …
parental rights are terminated after the parent abandoned the child. And sometimes parental rights are terminated after the Department of Social Services (DSS) has removed the child from the home and placed the child in foster care. Some of the reasons the judge may decide it’s unlikely the problems can be resolved, and thus may decide to terminate parental rights, are: …
Call a lawyer today to discuss your case. Virginia Family Law Attorney Claudia Zucker. Do you need a family law attorney? Do you need help with parental rights issues in Northern Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.
Any order terminating residual parental rights shall be accompanied by an order continuing or granting custody to a local board of social services or to a licensed child-placing agency or transferring custody to a person with a legitimate interest,. However, in such cases the court shall give a consideration to granting custody to a person ...
The residual parental rights of a parent or parents may be terminated by the court as hereinafter provided in a separate proceeding if the petition specifically requests such relief. No petition seeking termination of residual parental rights shall be accepted by the court prior to the filing of a foster care plan, pursuant to § 16.1-281, which documents termination of residual parental rights as being in the best interests of the child. The court may hear and adjudicate a petition for termination of parental rights in the same proceeding in which the court has approved a foster care plan which documents that termination is in the best interests of the child. The court may terminate the residual parental rights of one parent without affecting the rights of the other parent. The local board of social services or a licensed child-placing agency need not have identified an available and eligible family to adopt a child for whom termination of parental rights is being sought prior to the entry of an order terminating parental rights.
The summons shall be served upon the parent or parents and the other parties specified in § 16.1-263. Written notice of the hearing shall also be provided to the foster parents of the child, a relative providing care for the child, and any preadoptive parents for the child informing them that they may appear as witnesses at the hearing to give testimony and otherwise participate in the proceeding. The persons entitled to notice and an opportunity to be heard need not be made parties to the proceedings. The summons or notice of hearing shall clearly state the consequences of a termination of residual parental rights. Service shall be made pursuant to § 16.1-264.
The residual parental rights of a parent or parents of a child found by the court to be neglected or abused upon the ground of abandonment may be terminated if the court finds, based upon clear and convincing evidence, that it is in the best interests of the child and that: 1. The child was abandoned under such circumstances ...
However, in such cases the court shall give a consideration to granting custody to a person with a legitimate interest, and if custody is not granted to a person with a legitimate interest, the judge shall communicate to the parties the basis for such decision either orally or in writing.
1. The child was abandoned under such circumstances that either the identity or the whereabouts of the parent or parents cannot be determined; and
The court may hear and adjudicate a petition for termination of parental rights in the same proceeding in which the court has approved a foster care plan which documents that termination is in the best interests of the child. The court may terminate the residual parental rights of one parent without affecting the rights of the other parent.
However, if parental rights are terminated, the parent will have no obligation to ever pay support again. Likewise, the parent will have no right to be involved in the child’s life.
person’s parental rights are not terminated against his or her will unless there are sufficient reasons that are proven by clear and convincing evidence in court. (Clear and convincing evidence means very strong proof – more than that required in a civil lawsuit but somewhat less than a criminal case.) Not being a good parent may be a good reason to deny a parent legal custody, but by itself is usually not a sufficient reason to terminate parental rights.
Do you need a family law attorney? Do you need help with parental rights issues in Northern Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.
Regardless of whether you are a grandparent, blood relative, or other party of legitimate interest, if you are seeking visitation over the protests of one or both of the child's natural parents, you are going to require the services of a reputable and experienced Virginia family law attorney to plead your case. Call a lawyer today to discuss your case.
For example, parental rights are often terminated if the parent creates a known danger to the child. In a case involving the emergency removal of a child from a dangerous environment, the court determined that a mother suffered from significant mental health impairment and required medication and treatment. The mother failed to stabilize her mental health condition which caused the living arrangements of the child to be hazardous and dangerous, so to the point living in the home was not in the child’s best interest. The mother had a certain amount of time to stabilize and fix the living situation for the child, yet failed to do so. Therefore, her parental rights were terminated because she failed to create a safe environment for her child.
Based on Virginia Code § 16.1-241 (a), the mother was not a “party with a legitimate interest” because her parental rights had been terminated by the circuit court and she had exhausted her appeals options. The mother can no longer bring forth motions or requests regarding the child since all parental rights have been terminated. It is very important that appeals are timely filed if a parent wishes to undo a termination decision.
Based on Virginia Code § 16.1-241 (a), the mother was not a “party with a legitimate interest” because her parental rights had been terminated by the circuit court and she had exhausted her appeals options.
The court terminated his parental rights as well, due to lack of contact, provision, and support for the child.
In a case involving the emergency removal of a child from a dangerous environment, the court determined that a mother suffered from significant mental health impairment and required medication and treatment.
The mother can no longer bring forth motions or requests regarding the child since all parental rights have been terminated. It is very important that appeals are timely filed if a parent wishes to undo a termination decision.
Once a parent whose parental rights have been terminated has exhausted his or her appeal rights through the Court of Appeals and the Supreme Court of Virginia, there is no basis for appealing the circuit court’s denial of a motion to reinstate a request to regain custody.
Circumstances That Are Exceptions to Termination of Parental Rights Virginia Code § 16.1-283 Notwithstanding any other provisions of this section, residual parental rights shall not be terminated if it is established that the child, if he or she is age 14 or older or otherwise of an age of discretion as determined by the court, objects to such termination.
Residual parental rights of a child age 14 or older may be terminated over the objection of the child if the court finds that any disability of the child reduces the child's developmental age and that the child is not otherwise of an age of discretion.
Parents must be afforded due process, and the procedures must be adhered to strictly.
Termination Of Parental Rights Due To Child Abandonment. Child desertion or abandonment is one of several grounds for termination of parental rights in Virginia. In the legal sense, abandonment is not merely walking out on the child – it means willfully leaving the child for a period of time in destitute circumstances ...
Apart from abandonment of the child, other circumstances that are grounds for termination of parental rights include: Parent has subjected or exposed the child to abuse or torture. Parent’s habitual abuse of alcohol or drugs. Parent is unable to fulfill parental duties due to emotional or mental deficiency. Parent has been convicted of murder ...
The Virginia Code says that if the absent parent has not supported you or the child for 30 days, it can be considered evidence that this absent parent has intent to abandon. Though this does not automatically make your former spouse guilty of abandonment, it can be a starting point if you are seeking to bring up a child abandonment case.
If the parent has, for no good reason, failed to contact, provide, or plan for the child for six months during foster care. If the parent has, for no good reason, failed to remedy the conditions that led to the child’s foster care placement, within 12 months from the date of placement.
Parent is unable to fulfill parental duties due to emotional or mental deficiency. Parent has been convicted of murder or voluntary manslaughter of the other parent of the child, or another child of the parent’s.
It is unfortunate that some children are left without any contact from their father or mother after their parents separate. If you are the custodial parent, this lack of communication and support may convince you that the non-custodial parent must lose his or her parental rights.
The court will regularly consider a parent’s solicitation to voluntarily end their parental rights if another individual is happy to step in and care for the kid, as in the case of adoption.
In each state, there is a distinct law regarding involuntary termination of parental rights. Each state has its own statute (s) providing for the termination of parental rights. The most common reasons for involuntary termination of parental rights include:
Various courts do give parents the option to represent themselves without an attorney, especially in child custody cases. However, when it comes to termination of parental rights without a lawyer, the legal system is far more strict.
There is no court structure accessible for the termination parental rights. You should draft the necessary pleading either all alone or with the help of a private lawyer (hiring a lawyer can be better, even if it is just for consultation). For the most part, Family Code segment 7820 is about the termination of parental rights.
The form that is required for the termination of parental rights can be easily found on the internet. Mentioned below are the few important points that your termination of parental rights form should have:
Although there are many cases where parents have represented themselves in parental rights termination cases, terminating someone’s or your own parental rights is a very important and critical matter.