Legal Question in Family Law in Virginia

signing over custodial rights
I currently have sole custody with visitation at my sole discretion in VA, I am in Fl now to provide my special needs child with medical care she couldn't recieve in VA, however I have not officially become a FL resident. The non custodial parent has threatened to petition for custody repeatadly... yet he refuses to aknowledge her needs or to make an effort to establish visitation to learn of her needs. I want to have him sign over his custodial rights however I need to know how to go about this and what state I would need to file in. Also if someone has to take over his parental rights and if so is my step father allowed to do so? Would my stepfather have to be his ''father'' or guardian? I want to keep all my rights still which my step father will do just remove my daughter's father from this situation!

Asked on 7/07/09, 8:33 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: signing over custodial rights

No, it's unlikely (in my opinion) that a Florida family court having jurisdiction over your special needs child would allow for the following:

1.) the termination of the father's parental rights and

2.) the adoption of your special needs child by your stepfather under the relevant facts as you've described them in this case.

Answered on 7/08/09, 10:39 pm

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