West Virginia Grounds for Involuntary Termination of Parental Rights

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This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.

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FAQ

How Can a Mother Lose Custody of Her Child in Virginia? History of Child Abuse. The court will look unfavorably on a mother that has a history of abusing her child. ... History of Domestic Violence. ... Emotional Abuse. ... Interfering with Visitation Rights. ... Neglect. ... Psychiatric Concerns. ... Substance Abuse or Addiction.

Unless a court determines that visitation with a noncustodial parent is not in the best interests of the child, visitation by a noncustodial parent cannot be denied, suspended, or restricted by a custodial parent.

In several cases, a parent, who fails to provide shelter, food, medical attention, or other necessities for the kid, is accused of what is considered child abandonment in Virginia.

What Age Can a Child Refuse Visitation in West Virginia? Custody orders stay in place until a child reaches 18 or is emancipated. A judge may order a visitation or custody arrangement that doesn't align with a child's preference.

Terminating Parental Rights Unfortunately it is not that easy. The only method under Virginia Law in which one parent can voluntarily terminate his or her rights to a child while the other parent retains his or her rights is through a step-parent adoption.

The only method under Virginia Law in which one parent can voluntarily terminate his or her rights to a child while the other parent retains his or her rights is through a step-parent adoption.

To voluntarily terminate parental rights, the parent must make the termination in writing. The termination must also be free from duress and fraud (W.Va. Code § 49-4-607). A circuit court hearing may be held to make sure that no duress or fraud was committed when signing the writing.

Termination Of Parental Rights Due To Child Abandonment 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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West Virginia Grounds for Involuntary Termination of Parental Rights