Legal Question in Family Law in Virginia

getting parental rights took away/visitation terminated

I have two children whose biological father has not seen

or had any contact with for over a year. He already owes

me a very large sum in child support,and yes it was court

ordered,but he dosen't pay. This has been an ongoing thing

for a very long time. I want to know by him not paying, and

by not having any contact for over a year, is this a basis

for his visitation to be terminated and can i have his

rights took away? Is there a time limit for how long he

goes with no contact in a judge determining that I may have

full/sole custody?


Asked on 9/27/04, 7:56 pm

1 Answer from Attorneys
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: getting parental rights took away/visitation terminated

No. Not under these circumstances. Generally parental rights may be terminated voluntarily by party waiver or involuntarily if a parent is a danger to the child. Failure to pay child support would not be grounds for an involuntary termination of your parental rights.

As for the custody issue, there is no time limit as to whether a modification in custody is warranted. No contact whatsoever with the children by a parent amounting to abandonment is a factor that a judge would look to in modifying a existing child custody order.

Theodorick F. Dino, Esquire

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Answered on 9/28/04, 12:20 pm


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