No, a judge would have to terminate the rights/responsibilities of the parent; and that is not going to occur unless there are extenuating circumstances, such as abuse, violent criminal behavior, substance abuse, etc. One possibility you may consider is adoption. If there is another would-be parent willing to fulfill the role as the child's father, then you should consult with a local attorney regarding the procedures.
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Anneshia Miller Grant
Garrett Law Group, PLC
(757) 422-0195 - 24 Hour Service
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
Avvo offers only general information and NOT legal advice. No lawyer can offer proper legal advice without first meeting with a client to obtain a complete legal history of the case. It is strongly recommended that you consult with an experienced family lawyer to discuss your rights and options. As noted in the prior response, asbsent highly unique circumstances, you can not terminate the father's rights. In Virginia, the law presumes that the best interest of a child is served by having contact with both parents. Although he is not in the child's life, the law "presumes" that your child's overall well-being is served by having two parents. The presumption is subject to rebuttal as noted by Ms. Grant. Also, the Virginia legislature has made a policy decision regarding terminations for financial reasons. Once a parent's rights are terminated that person becomes a legal stranger to the child and no longer owes a duty of financial support. If parents could summarily terminate rights, many people would terminate their parental rights as a way to avoid paying child support. Unfortunately, this would burden the state with the responsibiity of paying child support for thousands of fatherless children. By making it difficult, if not impossible, to terminate parental rights, child support obligations rest upon the shoulders of the parents and not the state. Absent very unique circumstances as identified by the prior response, a court would deny your request. Best of luck~
This response is only intended for informational purposes and is not intended as legal advice or as a substitute for hiring an attorney in your state. Further, by sharing this information, it is in no way intended to establish an attorney client relationship with the reader.
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