How do I terminate parental rights?

In Virginia, parental rights can be terminated voluntarily, involuntarily, or through a judicial process. Voluntarily: If both parents are in agreement, they may sign a Voluntary Relinquishment of Parental Rights form. This document must be signed in the presence of a notary public and the local Department of Social Services or court. The form then goes before a judge who will review it and decide if it’s in the best interest of the child. If approved, the judge signs off on it and the child is available for adoption. Involuntarily: If one or both parents are not in agreement, they may be subject to an involuntary termination of parental rights. This is typically done when it’s in the best interest of the child, such as cases of neglect, abuse, abandonment, or criminal activities. It is a complex process that begins with the filing of a petition in the local circuit court. The court will then hold a hearing to decide if an involuntary termination is warranted. Judicial Process: A termination of parental rights can also be done through a judicial process. This occurs when a family is unable to reconcile conflicts or when a parent is absent from the child’s life. In these cases, a court will decide if terminating parental rights is the best course of action. A judge may order a psychological assessment to help determine what is in the best interest of the child. No matter which process is used, a termination of parental rights is a serious decision that should not be taken lightly. It is important to speak to a qualified attorney to understand the full legal implications.

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