Legal Question in Family Law in Virginia
termination of parental rights
i am the step mother to a 10 yr old child i have been the primary care giver to this child for most of his life. his mother may see him for 30 mins 3 times a year, she has never paid child support or wanted to have visitation but doesnt want to sign over her rights so i can adopt him. is their any way my husband and i can force her to do so?? if so how? she says she will sign themover if we drop child support and let her have him once a month over night, that is of course out of the ?. do step parents have rights in virginia? any help is greatly appriciated!!
1 Answer from Attorneys
Re: termination of parental rights
You and your husband can file a petition for stepparent adoption without the consent of the natural mother, and the circuit court judge may grant the adoption if he or she determines that the consent is withheld contrary to the best interests of the child.
If you can prove by "clear and convincing evidence" that the birth mother has, without good cause, failed to visit or contact the child for six months, the birth mother's consent is not required, and the adoption may proceed.
If the adoption is granted, the birth mother's rights are terminated, and she has no further obligation of support.
You will be well served to have an attorney represent you in a contested adoption.
Hope this helps.
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