Legal Question in Family Law in Virginia

Neither the teen parents nor their parents are competent

to deal with such a matter which needs to be adjudicated

by the local J&DRDC;court to have binding effect.

It may be that one or more of the parents should either have

legal custody or, perhaps, guardianship of this child. (If the

latter, the appropriate petition would need to be filed in the local circuit court.)

They may wish to contact their local DSS office for

further guidance on this matter.

By statute, underaged parents can legally entrust a child to the local department of social services for adoption, and a minor parent can consent to medical treatment for her child, but there is no statute authorizing legally enforcible agreements for custody by minors. Virginia law (unlike California law) does not grant parents the authority to enter into such agreements on behalf of their children.

The minor parents can certainly enter into an agreement, but it will not be legally enforcible. If there is any question about establishing legally binding custody and visitation provisions, the adult parent of either minor parent may file petitions as "next friend" in the local juvenile court, and the matter can be referred to mediation, and any agreement entered into can be made part of a court order.

This would not be a department of social services matter unless there is a question of abuse or neglect, or the minor parents wish to place the child for adoption.

I hope this is helpful.