Legal Question in Family Law in Virginia

Re: Child Support

He may have to pay child support. I am available to consult with you on this case.

Re: Child Support

Q: Does a man have the obligation to pay child support for a child he does not see? And, how does he petition the court to be divested of his parental rights?

1. Yes. If there is a valid court order for child support it is in effect no matter the personal relationship between parent and child. The Order would be effective even if he never visits. Remember: An Order is an Order until it's changed by another Order.

2. Not so easy to sign away parental rights. He and mother cannot agree on it. Remeber he needs an order dissolving his rights and stopping his child support obligation. Even if mother agrees and signs a paper saying so, it is ineffective until a Judge changes the Order. Judges will usually not do that as long as mother wants child support from Dad.

Father must file a Motion to Amend the Prior Orders of Custody and Support in the Court which granted those things to the Mother. It must be placed on the schedule and be heard by the Judge but I must say that it is highly unlikely unless both parents are in agreement and even then I've had judges deny the request unless there was a step parent willing to adopt.

The better suggestion for you as this man's wife is to encourgae him to have a relationship with his child. Of course Mother will make it difficult and you are in separate states. But that's what a good man and a good parent does. Fight for his kid.

Good luck.