Legal Question in Family Law in Virginia

Re: Give up noncustodial rights

First off God Bless you for your work in Kuwait.

Next, quite an unusual request. You do not want to be divested of parental rights and responsibilities (if you were granted such a request you would have no obligation to pay child support) but just want no contact with your child.

The current order obviously orders visitation of some sort. If you don't wish to excecise this option, there are several methods:

1. Do nothing. Make no attempt. Mother will have no problem with that. I'm sure she doesn't want you to be involved anyway. Visitation isn't really looked on as am obligation like child support.

2. You and the mother can agree to enter a CONSENT ORDER - which very simply says that father is to have either no visitation and or no visitation AND no contact with the child until further Order of the Court. Again, I'm sure mother would love to get you out of her life that way. This way the support order stays in place - which is what she really wants anyway.

3. If Mother will not agree to a Consent Order then the motion is placed on the Court's docket and comes up. When it does, the same effect will occur. No judge can force you to see your child so your desire not to see your child will be granted.

Option 1 requires no lawyer and Options 2 and 3 do. They do because you would have to file a MOTION TO AMEND the prior Court Order granting Visitation in order to have a CONSENT ORDER. The Order has to be tied to a pending case. If Mother agrees to a CONSENT ORDER then your lawyer can draft it up and present it to Mother (or her lawyer) and ultimately to the Court. If no agreement is reached, the lawyer would appear for you in Court. I see no reason for you to have to appear solely to give up rights.

You didn't ask but I would ask you to pray on the decision to foresake your child. I know the child's mother is making life uncomfortable for you, but unless you are Jack the Ripper you should have access input and influence in your child's life. What you've never had before is a good lawyer to get you what you deserve. A life with your child that is not influenced by the child's mother. I can never believe it's too late. The child deserves a father and will be a better person knowing you care.

Good luck.