How Long Does a Father Have to Be Absent to Lose His Parental Rights?

A caring and involved father plays a vital role in a child’s happiness and development, offering both emotional warmth and financial support. If you find yourself in a situation where your partner is distant or your ex-partner is no longer active in your child’s life, it’s important to explore what that means for his parental rights. You may be asking yourself, “How long does a father have to be absent to lose his rights?” Navigating life as a single parent brings unique challenges, and it’s completely natural to care deeply about your child’s well-being and the possibility of changes in parental rights with your ex-partner.

You’re not alone on this journey. Our dedicated family law attorneys at Randall & Bruch, PC, are here to support you and are passionate about advocating for your child’s well-being. Contact us today to explore your legal options and discover how you can effectively manage this challenging situation.

Termination of Parental Rights in Virginia

Sometimes, a parent may want to terminate the rights of the other parent due to non-payment of support or because the other parent hasn’t seen the child in years. In other cases, the other parent may not be a positive influence on the child. In some cases, the non-custodial parent may want to terminate his rights to get out of paying child support. However, to voluntarily terminate parental rights, there must be a third party willing to take on the financial responsibility, as it is not in the child’s best interests to absolve the responsibility of a parent’s contribution toward the welfare of the child.

Voluntary Termination of Parental Rights

While either parent can ask for the termination of his (or the other parent’s) parental rights, the process is not easy. The only way to voluntarily end another parent’s rights is if a stepparent is willing to step in and help support the child. It requires the stepparent to adopt the child formally. Otherwise, there is no other way to voluntarily terminate your parental rights—or for the custodial parent to terminate the non-custodial parent’s rights.

Involuntary Termination of Parental Rights

In cases of abuse or neglect, the court may involuntarily terminate a parent’s rights. However, the process is long and difficult. One parent cannot ask the court to terminate the other parent’s right—the Department of Social Services must be the requesting agency, and only after an investigation. The investigation must find:

• Substantial physical harm to the child
• Abandonment
• Neglect
• The parent has a mental or emotional illness, preventing him or her from providing care for the child

How Can a Father Lose Parental Rights in Virginia?

In the Commonwealth of Virginia, a father can only lose parental rights when it is in the best interests of the child.

Alternative Grounds for Termination of Parental Rights in Virginia

Other circumstances that may be grounds for termination of parental rights in Virginia include:

• Abuse
• Torture
• Substance abuse
• Emotional or mental illnesses
• Conviction of voluntary manslaughter or murder

Additionally, if the child is in foster care and the parent does not contact the child or provide for him or her for six months while the child is in foster care, they could lose parental rights. Also, if the parent does not remedy the condition that forced the child into foster care within 12 months of the child’s foster care placement, the parent could lose parental rights.

What is the Duration of Parental Absence Required for a Father to Lose His Parental Rights in Virginia?

A father can lose his parental rights due to a prolonged absence or lack of contact with the child. While the statutes say for 30 days, it is usually longer—for about six months. The period of time can depend on factors such as how long the child is in foster care or whether a biological parent has mental or emotional issues.

Alternative Resolution to Terminating Parental Rights in Virginia: How Our Family Law Attorney Can Assist

Terminating a parent’s rights to his children is very difficult under Virginia law. Obtaining sole custody of the child can also be difficult, as it is rarely in the best interests of the child to have just one parent. However, domestic relations laws provide other ways to resolve custody and visitation disputes, including mediation and even an informal settlement.

The family law attorneys at Randall & Bruch, PC, can assist in resolving child custody disputes through these alternative approaches, making the process less stressful and more amicable for everyone involved. However, often time this approach is not successful and our experience family law attorney’s with help you navigate the court system and fight for the best interest of your child.

Why Clients Choose Randall & Bruch, PC

An experienced family law attorney at our firm can help you work out custody arrangements that are in the best interests of the child with the child’s father, or if you have good cause for terminating the rights of the other parent of the child, we can guide you through the process of getting the Department of Social Services involved if the situation meets the criteria.

Testimonials

“Randall & Bruch, PC helped me tremendously when I initially hired them as my attorney. I at first wasn’t sure how all the legalities were to take place, but after contacting the office and having a meeting with the awesome Paralegals Tammy and Donna, it was smooth sailing and less stressful, cause they assured me and made me feel very comfortable. Great Job Guys. I highly recommend them to anyone, and if I need to hire them again in a legal representation, I will.” – Penny L.

“Mr. Randall and his team provided excellent legal support during my case. He was extremely responsive, provided helpful guidance, and prepared me well for my day in court. Best of all, he helped me achieve the result I wanted and needed. He was professional, kind, and all around excellent. Would give 10 stars if I could!” – Chrystie S.

“Experienced team of lawyers and paralegals. They handled my case efficiently from the initial consultation to the appearance in court and positive resolution.” – Yves R.

Additional Resources

• How a Custody Agreement Can Impact Your Summer Vacation Plans: Custody agreements can affect how you plan your vacations.
• Changes in Child Support Orders When Parents’ Lives Change: If you have a significant change in circumstances, you can ask for child support modification.
• When Do Your Child Support Obligations End in Virginia?: Child support typically ends when a child turns 18 years of age or graduates from high school, whichever comes last.

Protect Your Child’s Future. Contact Us Today.

The attorneys at Randall & Bruch, PC have over 85 years of combined experience helping families with legal issues across Virginia, including in Virginia Beach, Hopewell, Chesapeake, Suffolk, Brunswick, Southampton, and Emporia. Contact an experienced family law attorney at Randall & Bruch, PC by calling 757-742-6115 or completing our online contact form.