Divorce Custody Parental Rights

Summary

The user is seeking a divorce in Virginia and has concerns about child custody and the legal rights of her spouse, who is not the biological father of her child but is on the birth certificate. The user has a protective order against her spouse due to threats and violent behavior. She is considering filing for sole custody and termination of her spouses parental rights. The user was informed about the legal implications of her spouses actions, including the violation of a protective order, disavowing paternity, and potential child abandonment. She was also provided with information on how to file for termination of parental rights in Virginia.

Full Conversation

Divorce
I'm sorry to hear that, ****. Do you and your spouse agree on all terms of the divorce, such as property division and child custody?
We have no assets and one child he's on the birth certificate for but he's not the biological father and we have a protective order in place.
What is the nature of the protective order and is it temporary or permanent? In Virginia, if a man is on the birth certificate, he's presumed to be the legal father.
He threatened to kill my child and myself, he shook my daughter, slit his wrists in front of us and threw a chair at my whole pregnant. It is on video.
I'm sorry to hear about your situation, ****. Have you reported these incidents to the police?
Yes I have a protective order
What is the duration of the protective order? In Virginia, a protective order can be issued for up to 2 years.
2 years
What is your current living situation? Are you and your child safe now?

In Virginia:
- Protective orders can be extended beyond 2 years in certain circumstances.
- The nearest court is the Virginia Beach Circuit Court, * Nimmo Pkwy, Virginia Beach, VA *, (*) *-*.
Yes we are safe.
I'm glad to hear you're safe, ****. Have you already filed for divorce in Virginia?
No
What is the reason you haven't filed for divorce yet?

- In Virginia, you can file for divorce on grounds of cruelty, which includes physical harm and reasonable apprehension of bodily harm.
- Virginia Beach Circuit Court: * Nimmo Pkwy, Virginia Beach, VA *, USA. Phone: +* *-*-*.
I want to make sure he doesn't get access to my daughter.
Are you seeking sole custody of your child?

- In Virginia, courts consider the best interest of the child when determining custody. Factors include safety, health, and relationship with parents.
Yes
Explanation:

- In Virginia, sole custody can be granted if it's in the best interest of the child.
- Virginia Beach Juvenile and Domestic Relations District Court: * Nimmo Pkwy, Virginia Beach, VA *, USA. Phone: +* *-*-*.
He's moved * miles away
Has he made any attempts to contact or visit your child since moving away?

Explanation:
- In Virginia, a parent's relocation can be considered in custody decisions.
- Virginia Beach Family Court: * Nimmo Pkwy, Virginia Beach, VA *, USA. Phone: +* *-*-*.
Not me directly but he's contacted a friend and no
What was the nature of his contact with your friend?

In Virginia, violating a protective order can result in criminal charges.
To tell me happy birthday then to say my daughter isn't his child
What is your friend's response to his contact?

In Virginia, disavowing paternity can have legal implications, especially if he's on the birth certificate.
Nothing he was blocked
Has he taken any legal steps to disavow paternity?
Explanation:
- In Virginia, a man on the birth certificate can disavow paternity within 2 years of the child's birth.
- Virginia Beach Family Court: * Nimmo Pkwy, Virginia Beach, VA *, USA. Phone: +* *-*-*.
No
Explanation:

- In Virginia, if he hasn't taken legal steps to disavow paternity, he's still legally considered the father.
- Virginia Beach Family Court: * Nimmo Pkwy, Virginia Beach, VA *, USA. Phone: +* *-*-*.
Can I have his rights terminated?
What grounds do you have for seeking termination of his parental rights?

In Virginia, parental rights can be terminated if the court finds clear and convincing evidence of abuse or neglect, or a parent's failure to maintain contact or provide support.
The abuse and he's never tried to give any support
In Virginia, grounds for termination of parental rights include severe abuse and neglect, or failure to maintain contact or provide support.
How do I go about termination?
In Virginia, you can file a petition for termination of parental rights in the Juvenile and Domestic Relations District Court. You'll need evidence of abuse or neglect. Virginia Beach Juvenile and Domestic Relations District Court: * Nimmo Pkwy, Virginia Beach, VA *, USA. Phone: +* *-*-*.
Is there a fee?
Yes, there is usually a filing fee for termination of parental rights in Virginia. However, fee waivers are available for those who can't afford it.
When filing for the termination will be be given our address?
In Virginia, your address can be kept confidential in court documents if there's a protective order in place. Please consult with a legal professional for your specific situation.
Is it considered child abandonment since he moved away even with the protective order?
In Virginia, child abandonment is typically considered when a parent fails to maintain contact or provide support for a period of six months. Has he failed to maintain contact or provide support for this period?
Yes
In Virginia, if a parent has not maintained contact or provided support for six months, it may be considered child abandonment, which can be grounds for termination of parental rights.