Father of my son has been absent for 6 years. He is just now taking me to court for visitation and to amend the first custody order. My son doesn’t know him at all. I live in VA. If rights can’t be terminated could I be awarded sole physical and legal custody with no visitation if it’s in the best interest of my child not to be reintroduced to somebody that may disappear again.
You will be better served if you consult with a family law attorney before you negotiate any visitation plans with the father.
A visitation order aims to maintain a noncustodial parent and child relationship. Children need both parents in their lives to grow into healthy adults; therefore, there is a visitation order.
The reason you mention here is not a good enough reason to terminate a parent’s rights to see his child. The court may grant a visitation to the father.
If it is in the best interest of the child to get to know his father, you should allow the child to see the father under your supervision; you can give a few hours in the beginning and then extend the visitation.
The Court considers the factors listed in Va code 20-124.3 in awarding custody and visitation.
§ 20-124.3. Best interests of the child; visitation - Commonwealth of Virginia
Please note that my above answer is general advice only and no attorney-client privilege attaches. You should consult an attorney for advice on your individual case. For hiring my law firm, please contact at the office number. Good luck.
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