Legal Question in Family Law in Virginia
How To Terminate Non-Custodial Parental Rights
My daughter's father (we were never married) has not seen, spoken to, or had any contact with her in almost 3 years, nor has he paid any child support. My husband would like to adopt my daughter, but her father refuses to allow this. My daughter can not even identify her natural father, because the last time she saw him, she was an infant. She has always called my husband ''Daddy''. Can I legally ask for him to terminate his rights, since he's had no contact, etc for this time period? And what do you suppose the outcome would be?
2 Answers from Attorneys
Re: How To Terminate Non-Custodial Parental Rights
Under Virginia law, you can take the chance of filing a petition for a step-parent adoption without the consent of the natural father. The Court can still approve the adoption if the judge believes the evidence shows that the father has withheld his consent to the adoption contrary to the child's best interest. Each case is decided on its own facts, but a judge might find that three years of non-participation is sufficient to terminate the parental rights.
Of course, this is intended as a general statement of the law in Virginia, and is not intended to be legal advice for your particular situation, as every case depends on its own specific facts, not all of which are necessarily contained in your question. If you decide to file an adoption petition, you should consult with an attorney who can advise you regarding your specific case.
Re: How To Terminate Non-Custodial Parental Rights
The involuntary termination of parental rights (which would have to be accomplished for your husband to adopt your child) is ruled bu Virginia Code Section 16.1-163. You can find the Code online.
If all is as you say, you stand a good chance.
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