If I’ve had custody of my kids for 9 years during which time their mother hasn’t exercized her right to visit, cn I petition the courts to sever her parental rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’ve had custody of my kids for 9 years during which time their mother hasn’t exercized her right to visit, cn I petition the courts to sever her parental rights?
She has never called to say “hi” to them, even though our oldest child has her own phone now. Their mother has never gone to any of their school events, which I have always sent her invitations to. I’ve tried allowing the kids to call her but the number she listed with the courts has been disconnected for 3 years and recently I’ve discovered that the address she listed leads to a vacant business building for rent. My children and I are at a point in our lives now where we would like to move on.
Asked on September 22, 2012 under Family Law, Virginia
Answers:
Brad Micklin / The Micklin Law Group
Answered 11 years ago | Contributor
I don't think you can and I don't think you should. The reason I don't think you can is courts are generally reluctant to terminate a parent's rights. Mostly because they want to ensure the child support continues and if the parent's rights are terminated so other responsibilities such as paying child support.
The reason I don't think you should is, aside from the fact that you will terminate your right to receive child support, you may sparking interest in parenting time from the other parent once he/she get a copy of the paperwork. A court will entertain that application to try to stagger it and add counseling to help the children transition. So, if you do not want the other parent involved, I would not file anything.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.