Legal Question in Family Law in Virginia

Surrendering Parental Rights

My ex husband is ready to sign over my son. My exfather in law is trying to keep that from happening. Does he have the right to do so? My son lives in Virginia, our divorce was MS. Who has jurisdiction? Original visitation says grandparents get him if father can't for any reason.

Asked on 2/14/08, 1:14 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Surrendering Parental Rights

So, you claim that your "ex husband is ready to sign over your son". Sign over for what and/or to whom? If you're thinking that your former spouse can legally divest himself of his parental rights and responsibilities by signing a piece of paper which ostensibly makes such a claim, and, then perhaps, having it notarized, I can tell you that such an exercise would have no legal significance whatsoever.

Only a court of law can legally terminate a parent's rights with respect to his or her child, and it will not happen by the parent acting on his or her own in signing

a piece of paper which claims to terminate the parent's rights/responsibilities with respect to a particular child.

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2/14/08, 7:50 pm

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