Legal Question in Family Law in Virginia
terminating mother's rights
the child is 11, father has had custody for child's whole life, minus one year he let the child live with the mother in an attempt to get them to bond. Mother has always been in and out, more out than in. She has not contacted the child in 9 weeks. She is not ordered to pay support, never has been. Child has wonderful relationship with stepmother and wishes to be adopted. Would it be better to wait and go for abandonment, or try now to terminate rights because of the lack of relationship? Child has no interest in contact with her, and even therapist agrees that her rights should be terminated.
2 Answers from Attorneys
Re: terminating mother's rights
It doesn't sound as though there would be a viable case for the termination of the mother's parental rights if she's been in touch with the child as recently as nine weeks ago and there are no other issues that relate to her unfitness to parent the child.
However, it may be advisable for you to discuss the matter with an attorney knowledgeable in family law matters.
Re: terminating mother's rights
The fact that the mother has not been paying child support is technically not part of the equation, but perhaps it could be made so by your petitioning the court for child support. The mother may then be a bit more receptive to considering consent to a step parent adoption procedure.
Absent the mother's consent, it is not an impossible case, but it is likely to be a difficult one, since the mother has had contact with the child fairly recently, and you approved her parenting by letting her have the child for a year. (A decision I do not for a moment question, and even applaud; it shows your desire to do what is best for the child.)
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