Legal Question in Family Law in Virginia

Disowning Your Child

This response to your posting is not considered to be legal advice or the establishment of an attorney-client relationship. Accurate legal advice can only be given upon a fuller statement of the facts than is contained in your posting and, in this Office, the attorney-client relationship is only undertaken upon the execution of a written fee agreement.

Your obligation to support your unemancipated minor child is not diminished by your child's refusal to visit with you or the custodial parent's unwillingness to allow such visitation. Your remedy for lack of visitation is to have the appropriate court order that visitation occur. If the child is unwilling to participate, that may be a tiger whose tail you don't want to hold on to.

In terms of "disowning" the child, Virginia allows a parent to disinherit a child. You can't simply abandon him while he's a minor, however, and let him fend for himself. If you file a petition to be relieved of his care and custody, such would have to be placed with the appropriate county social services agency.

I assume that your use of the phrase "non-custodial" parent means that you have neither primary physical nor joint legal custody. If my assumption is correct, then you have no say in day-to-day decisions. If you want more involvement, maybe you ought to consider petitioning the court for custody. It might be particularly appropriate if your (ex?-) wife is unable to keep this child from running away and getting into trouble. Again, the tiger by the tail.

Emancipation of child under 18.

This response does not imply an attorney-client relationship, nor should it be relied upon for your particular circumstances; it is based on very limited information.

The Code of Virginia recognizes emancipation of a child who has attained the age of 16 in a number of circumstances, including the financial independence of the child, the marriage of the child, or the child's having joined the armed forces of the US. A petition to declare a child emancipated may be filed by the child or any parent or guardian of the child.