In Virginia, parental rights can be terminated, but this step is not taken lightly. Courts consider such actions only when supported by clear and convincing evidence that doing so serves the best interests of the child.
Termination of parental rights ends all legal relationships between a parent and child, which includes custody, visitation and decision-making authority. In most cases, the child is already under the supervision of a local department of social services or in foster care. The court evaluates whether the parent has had the opportunity to correct problematic behavior and whether reunification is realistically possible.
What are the grounds for the termination of parental rights?
To terminate parental rights in Virginia, a judge must find that it is in the best interests of the child and that specific statutory grounds are met. These include the following:
- Severe abuse or neglect: If the child has suffered harm that poses a serious and substantial threat to life, health or development, and it is unlikely the parent can correct the conditions that caused the harm.
- Mental or emotional impairment: A parent may lose rights if they have a diagnosed mental illness or intellectual disability that prevents them from providing proper care.
- Substance use: Habitual use of drugs or alcohol that seriously impairs a parent’s ability to care for their child may support termination.
- Failure to respond to services: If a parent does not engage with available rehabilitative services or support offered by agencies to address abuse or neglect concerns.
- Lack of contact: If a parent fails to maintain contact with the child or make plans for the child’s future for six months while the child is in foster care.
- Prior termination or convictions: Termination may occur if rights to another child were already terminated or if the parent has been convicted of certain violent or sexual crimes involving children.
Termination is a significant and permanent action. Obtaining legal guidance can be helpful when addressing child custody or parental rights matters under Virginia law.
