Legal Question in Family Law in Virginia

Giving Up Custody

I just wanted to know, how does a father go about giving up his custody rights and/or all rights together? How does it work? The mother wants him to give up his rights, he wants to give up his rights even as far as giving the baby the mother last name and allowing her husband to adopt him as his own.

Asked on 4/11/05, 10:33 am

3 Answers from Attorneys

Brian Miller Brian M. Miller, Attorney at Law
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Re: Giving Up Custody

You would have to relinquish all parental rights as part of the adoption process. I believe you can do this by consenting to a court order with the mother also consenting to your waiver of all rights. I believe this happens during the adoption process. Consult with an attorney about getting the adoption done.

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4/11/05, 11:30 am
Shane Jimison Jimison/Homiller, PLC
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Re: Giving Up Custody

The father can voluntarily relinquish his parental rights as part of the adoption process. The father would need to do this before the adoption can proceed. Good luck.

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4/11/05, 11:51 am
Fred Kaufman Fredrick S. Kaufman, Esquire
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Re: Giving Up Custody

What you seek is commonly achieved as part of voluntary adoption plan. When step father wants to adopt the child, you become part of the court process in that your parenal rights need to be termninated before anyone can adopt your child. If this is not part of an adoption plan, it is harder to do A juidge does not want your parental rights to be terminatd as lomg as a child needs your child suppot. Even if the mother agrees with you. I have had judges say No to the request unless it was part of some one else adopting the child.

Good luck

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4/11/05, 12:50 pm

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