How can we get the court to terminate the biological mother's parental rights?? She has not seen her child in atleast three years. She's had all contact information, but made no effort at all.

How do you prove abandonment??

How can we get the court to terminate the biological mother's parental rights?? She has not seen her child in atleast three years. She's had all contact information, but made no effort at all.

How do you prove abandonment??

Brandy, what is your relationship to the father?

I'm his wife.

Superior Rights Of Natural Parents


Virginia law favors natural parents over third parties as guardians of the person of their minor child. A fit parent with a suitable home has a right to custody of his child superior to the rights of others. This presumption may be overcome by cogent evidence of unfitness, voluntary relinquishment, abandonment, previous order terminating or limiting rights, or a finding of special facts and circumstances constituting an extraordinary reason for taking the child from the parent.


To terminate parental rights, three elements must be shown by clear and convincing evidence: 1) termination is best for the child, 2) neglect or abuse presents a serious threat, and 3) it is improbable that in reasonable time conditions will change. The statutory requirements for termination of parental rights are strict, and anyone facing such an action, often brought by Social Services after noncompliance with their directives and/or court orders, needs prompt assistance from experienced attorney.

How can we get the court to terminate the biological mother's parental rights?? She has not seen her child in atleast three years. She's had all contact information, but made no effort at all.

How do you prove abandonment??

Has she paid any monies to CS, sent any birthday or Christmas presents, had any sort of contact at all?

Nope, none at all. No cards, no child support (although we haven't asked for it), no calls, nothing. She signed over custody a couple of years ago, so my husband has sole physical and legal custody. But I'd like to adopt her, so we need to get the mother to sign consent for adoption forms. I was just wondering, if she doesn't agree to sign, if we would be able to get her parental rights terminated on account of abandonment.

My main question is how do you prove that the mother abandoned the child to the courts?? Is it as simple as explaining what happened and they believe you? Or do you have to have something documenting it?

There is no doubt in my mind that she abandoned the child. She left the kids (both hers, but one not my husband's) with my husband about 5 years ago to do drugs and sleep with another guy. The father of the other child eventually came for his child. And my husband has had his daughter ever since. The mother saw her a few times after she left. I met my husband in 2004 and she's called once over the past 3 years and asked to take her because her parents wanted to see her. She didn't end up taking her. In 2005, she signed over full custody to my husband. She hasn't made any attempt to see or talk to her in 2 years.

Reading over your other posts it seems like it's a very complicated situation with you being married only a few months and it's rather uncertain if your husband is actually the legal father or not.

The best thing to do wiith such a complicated situation is to consult with and possibly hire a good attorney. I know it can be expensive, but an attorney can make sure evrything is done correctly to prevent any problems in the future.

I am in no way of the legal profession. Yet, I also had to do what you are heading for over 30 years ago.

I can tell you that it is very important to start a simple log book. Also show any attempts of father to contact the natural mother for visitations / communication.

Keep all telphone records.

I also had a home study prepared by a certified social worker for establishing the type of home I offered.

Of great importance is to contact the guidance counslor at the school to assure they have knowledge of what is happening. This proved to be of great support for me and the father did make attempt to go to that school. They immed. contacted me.

I CAN'T TELL YOU THAT AN I INVESTED 6,000 over 30 years ago to hire an attorney. I took out a personal loan and it was well worth it...these things are extremely complicated.
WAS IS AGE OF CHILD? ARE THEY AWARE OF YOUR DESIRE OF ADOPTION? Also be aware that even if you adopt it does not mean that at some point in the child's or teens life they will want contact with their mother.

Yes, it's a very complicated situation. :o If she will sign the consent for adoption papers, the attorney we talked to is only going to charge us $340 for the whole thing! Definitely worth it to me. Just not sure how much or how complicated things are going to get if she doesn't sign. :(

My step-daughter is 9 and yes, she is aware of the adoption. She is hoping for it just as much (if not more than) as I do. :D She has no desire at all to see her biological mother. We've asked her. A couple of years ago (when the biological mother was going to take her to see her parents, but didn't) we had her talk to her on the phone and she was in tears because she didn't want to do it. And yes, I'm aware that in the future she may want to see her... I really don't see it happening, but I am aware that it is possible. We've never tried to keep her from her biological mother. Neither of them really want anything to do with each other.

we are in the same boat. I can tell you that you will need to wait until you have been married a year to file. that is all we are waiting for? DO you know where she is? we are having trouble locating our bio

We had trouble locating her, but we have finally found her. Good Luck to you!! :D Hopefully we can both get it all worked out for the best!

Websites for Statutes:
http://legis.state.va.us
http://legis.state.va.us/Laws/CodeofVa.htm
Citations:
Adoption: Title 63.2, Chapters 12 through 14
Child Protection: Title 63.2, Chapter 15
Child Welfare: Title 63.2, Chapter 9 through 11; Title 16.1, Chapter 11, §§ 16.1-281 through 16.1-283


Abandonment
Citation: § 63.2-100

Abused or neglected child means any child less than 18 years of age whose parents or other person responsible for his or her care abandons such child.


Circumstances That Are Grounds for Termination of Parental Rights
§ 16.1-283


The parent has abandoned the child.
The parent is unable to discharge his or her parental duties due to:
Emotional illness, mental illness, or mental deficiency
Habitual abuse or addiction to intoxicating liquors, narcotics, or other dangerous drugs
The parent has subjected the child to aggravated circumstances, including, but not limited to, torture, chronic or severe abuse, or chronic or severe sexual abuse. It includes the failure to protect the child from such conduct.
Reasonable efforts to rehabilitate the parent have failed.
The parent has been convicted of:
Murder or voluntary manslaughter of a child of the parent, a child with whom the parent resided, or the other parent of the child
Felony attempt, conspiracy, or solicitation to commit any such offense
A felony assault that results in serious bodily injury, felony bodily wounding, or felony sexual assault, and the victim was a child of the parent or a child residing with the parent
The parent has failed to maintain continuing contact with the child for 6 months after the child has been placed in foster care.
Parental rights to another child of the parent have been involuntarily terminated.



Who Must Consent to an Adoption
Citation: § 63.2-1202


The mother
The husband of the mother
The birth father if the parents are unwed, unless the birth father cannot be determined or fails to respond to notice
The agency or department having custody
A minor parent shall have power to consent



When Parental Consent is not Needed
Citation: § 63.2-1202


The father has been convicted of rape, which resulted the conception of the child.
The parent's parental rights have been terminated.
The putative father cannot be identified, or if known, fails to respond to notice.
The parents fail to appear at the adoption hearing.
Consent is withheld contrary to the best interests of the child.



Who May Adopt
Citation: Ann. Code § 63.2-1201
The following persons may adopt:

Any resident
A husband and wife jointly
A stepparent


Who May Be Adopted
Citation: Ann. Code §§ 63.2-1200; 63.2-1243
The following persons may be adopted:

A minor child
A person age 18 or older under the following circumstances:
The adopted person is a stepchild to whom the petitioner has stood in loco parentis for a period of at least 3 months.
The adopted person is a niece or nephew who has no living parents and who has lived in the home of the petitioner for at least 3 months.
The adopted person is the birth child of the petitioner or had resided in the home of the petitioner for a period of at least 3 months prior to reaching age 18.
The adopted person is at least 15 years younger than the petitioner, and the petitioner and the adopted person have known each other for at least 5 years prior to the filing of the petition for adoption.