Legal Question in Family Law in Virginia

Re: Giving up noncustodial fraternal rights

Just because the parental rights are surrendered would not necessarily affect the child support obligation. The CS is required until the child turns 18. If the father wants a relationship with the child, he can petition the VA court for an order and seek to have the CS recalculated at that time. If the mother's husband wants to adopt the child, the parental rights may be relinquished and the CS could be terminated.

Re: Giving up noncustodial fraternal rights

First, although the Texas court currently has jurisduction, the mother can probably get that moved to Virginia which would increase the cost of any action on your husband's part.

Generally, a court will not terminate the child-parent relationship because that would deprive the child of both the relationship and a source of income. They typically will terminate if there is someone else ready to adopt, however.

As to the possession issue, courts will almost always order visitation and force the custodial parent to allow it unless there are other problems such as allegations of abuse. If the child were in Texas it should be pretty easy to obtain visitation, but I don't know about Virginia. Courts definately do not like to hear about parents "tying" child support to visitation, however.

Please be aware that if your husband were somehow able to have his rights terminated, he would lose ALL of his rights forever. Also, courts strongly back the notion that BOTH parents are financially responsible for any child they have.

By the way, $400 seems pretty high for health insurance on one child. Is the child on your husband's insurance or the mother's? My experience is that courts are pretty willing to order a change if it makes more economic sense but still provides protection for the child.