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Relinquishment of Parental Rights law in VA

 
 
Reply Mon 3 Jan, 2005 08:50 pm
Here's the deal...my step son is 3 years old, my husband has seen him a total of 6 times in the last two years. His mother refuses to let us have him for even a weekend. She insists that she HAS to be there ALL THE TIME. There is no threat to the boy's welfare! We have two boys of our own! All my husband wants is to be able to see his son, and the mother makes it impossible. She has a boyfriend, who my step son calls Daddy, and calls my husband by his name! This kills my husband! He is to the point of giving up his rights, and we want to know the laws before he does. The man who lives with the mother is more than willing to adopt my step son, but his mother says no. Her arguement for saying NO, is that she'll lose the child support every month. Though I can't see how it would be a big loss to her, as she makes every month what my husband and I make combined, not to mention the guy she's with makes three times what we make. Anyways, my question is, does anyone know where to find the law for relinquishment of parental rights for Virginia? Any help would be greatly appreciated!
Thanks in advance,
BabyJeli Smile
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Type: Discussion • Score: 1 • Views: 633 • Replies: 3
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fishin
 
  1  
Reply Mon 3 Jan, 2005 09:08 pm
I think I'd go back and look at the custody agreement for your step-son. If your husband has unsupervised visitation rights then he needs to drag the ex into court and force her to uphold her end of the deal.

But, the text of the law that appears to cover termination of his parental rights/responsibilities can be found here:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-277.02
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timberlandko
 
  1  
Reply Mon 3 Jan, 2005 09:12 pm
For a summary of the law, see Va Dept of Social Services: Adoption

For what it means to you, your life, and those in your life, see a lawyer.


I gotta wonder about the visitation thing the ex-wife/birth mother has goin' on there, though - seems odd to me the birth father would be legally subject to such restrictions as she appears to be imposin' - that's another thing to see a lawyer about. Prolly oughtta do that. Gather up copies of the divorce paers and have 'em looked at by somebody who knows what to look for. It well could be the mother has no right to impose such restrictions, and in fact and by law and decree is prohibited from doing so. Mebbe not, but its sure worth lookin' into.
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BabyJeli
 
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Reply Tue 4 Jan, 2005 04:40 am
Thank you both for your info. Perhaps a better look into the situation would better explain. My husband and his "ex" were never married, and the custody/child support agreement was completely done through mediation.....EIGHT TIMES over the past 4 months, as she is not satisfied with the amount of child support. She is Primary parent, husband secondary. He has full visitation, and what they call "fully on demand visitation ability". They live 3 1/2 hours from us, and we have gone up there with our children, and all paperwork from the court house...requested to pick step son up, was denied...not even allowed to see him....went to the police station with the paper work, had an officer go with, and even HE didn't make it happen! His interpretation of the paper work was that she, being the primary parent, had full decision of when it was ok and when it was not for us to have step son with us. We asked for him at Thanksgiving, and were told that he would be in North Carolina with her parents....okay. Requested for Christmas or New Year's, and was told again that he'd be out of state with my in-laws in Indiana. My husbands parents have seen more of him than he ever has, because she goes up there constantly and "invades our home" as my mother-in-law puts it.
The main thing is that my husband is at his ropes end. When discussing the termination of rights, I said to him that I know it wasn't something that he took lightly or wanted to do because it IS his SON, and he loves him....My husband looked me in the eye and said, "How can I love him for WHO he is when I don't even know him? Yes, I love my SON, but who is he?" That made me cry inside for him, because I know he's agonizing about this whole thing....and both of us being active duty Navy, and limited on our off time with our own children as it is, makes it 100 times harder.
Anyways, thank you both for responding and giving me some guidance. It's greatly appreciated!

BabyJeli
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