Legal Question in Family Law in Virginia

Re: Parental Rights

This is one of the most frequently asked questions in this category. If the father has legal custody of the child, he may petition the court to be relieved of care and custody of the child, and have his parental rights terminated. The court must find that this is in the child's best interest. If the father is the noncustodial parent, he may not file such a petition.

If the mother is remarried, she and her new husband can file a petition for adoption, and the court can terminate the natural father's parental rights as a part of the adoption process.

At this time, there does not appear to be any other way to terminate the rights of a parent for a child who is not in foster care.

Some parents have entered into agreements in which the father gives up visitation and the mother gives up child support. These agreements are almost certainly not enforcible.

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