Legal Question in Family Law in Virginia
Custody and visitation
My child is five years old and I share joint legal custody with his father. I also have physical custody. I am to be married in a few months and my fiance has expressed that he would like to adopt my son. My childs father has not tried to visit or call in over two months. Could his actions jeapordize his joint custody and visitation? He practically jumped at the chance when my fiance mentioned adoption of my son to my ex. I think he may see this as a way to get out of paying child support. He re-married last year and his wife did not want to be bothered with my son when he visited his father. The child became very upset when it was his fathers turn for visitation. Does his not complying with the every-other-week visitation work against him in the courts as far as joint custody and child support is concerned?
2 Answers from Attorneys
Re: Custody and visitation
Yes his bad adherence to the visitation schedule will work against him in a motion to amend the visitation. Your theory will be that he must not want it if he doesn't take advantage of it.
As far as your husband adopting your son, spotty vistation won't divest the natural father of his parental rights. Unless you can prove actual harm or neglect or abuse, you will need his voluntary cooperation in the adoption process.
Good luck
Re: Custody and visitation
If what you're really asking is whether your child's father could have his parental rights terminated due to his failure to visit his son on a regular basis, the answer is no.
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