Legal Question in Family Law in Virginia
Voluntary relinquishment of parental rights
What is the process in Virginia if the noncustodial parent wants to voluntarily relinquish his rights to our child? I have sole custody, he has visitation which he does not take. He is willing to sign over all legal rights if I will close the support order. His only contingency is that my daughter can seek him out when she comes of age if she wants to know him, and I continue to allow the grand parents access to the child. Can this be as simple as drawing up a document with a lawyer or will it have to go to court? I have heard that the courts can force him to continue to pay support even if he signs over his legal rights. Is this true?? I am of the belief the only reason he's willing to give up his rights is to get out of the payment and because he's not responsible enough to make her a priority in his life.
1 Answer from Attorneys
Re: Voluntary relinquishment of parental rights
The Virginia Court of Appeals has ruled that a noncustodial parent cannot file a petition to be relieved of care and custody of a child and have his parental rights terminated.
In my opinion, and some lawyers disagree, since the child is not in foster care, the only way the father's parental rights could be terminated would be for your to remarry and request a step-parent adoption.
I agree that it sounds like he just wants out of support, which probably is not in the child's best interest in any event.
Again, in my opinion, you cannot give up your child's right to support, so even if you sign an agreement to that effect, I do not believe it is enforcible.
I hope this helps.
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