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Virginia Notice of Termination of Residual Parental Rights

State:
Virginia
Control #:
VA-DC-535
Format:
PDF
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Description

This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Virginia statutes and law.

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FAQ

Well, Virginia Code Section 16.1-277.02 creates a cause of action called a "Petition for Relief of Care and Custody." In this instance, the parent wishing to give up his or her parental rights must file a petition with the J&DR Court stating that the petitioner wishes to give up his or her parental rights and laying

The grounds for involuntary termination of parental rights are specific circumstances under which the child cannot be returned safely home because of risk of harm by the parent or the inability of the parent to provide for the child's basic needs.

Voluntary Termination of RightsVirginia law does not allow you to voluntarily terminate your own parental rights, except when you are consenting to the adoption of your children by someone else.

A private person cannot simply sign away his/her parental rights except in the course of an adoption. The only other way to terminate parental rights is upon petition of DCFS or the state's attorney in a juvenile matter.

Keep in mind that to win a case to terminate parental rights, you'll need to present very persuasive evidence to the court, such as lack of contact, lack of support, abandonment, abuse, neglect, ongoing indifference, or failure to care for the child.

To voluntarily terminate your parental rights, you generally must get court approval.However, unless you want to relinquish your parental rights because someone else, such as your ex-wife's new husband, wishes to adopt the child, courts often are reluctant to allow you to sign over your rights as a father.

Upon termination of parental rights, the biological parent(s) no longer has any legal rights to a child. This is a permanent situation. Termination can be voluntary or involuntary (via court order).

Is there a specific period of time before you can legally claim child abandonment? The Virginia Code says that if the absent parent has not supported you or the child for 30 days, it can be considered evidence that this absent parent has intent to abandon.

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Virginia Notice of Termination of Residual Parental Rights