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Thelawman2, Attorney
Category: Family Law
Satisfied Customers: 1385
Experience:  Attorney-at-Law
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I am in the process of a divorce case that is pending in WV

Customer Question

I am in the process of a divorce case that is pending in WV which would decide child custody and visitation as well. I currently have a domestic violence protective order against my husband and in all of that time, 10 months, he has not applied to the court to get visitation rights with our daughter together. He has another daughter who he fought to get custody of and is living with him, so he knows the court system very well. The only thing he did was apply to get the court ordered child support reduced and nothing else, which he has not paid for all of that 10 months and has no intention of paying. My question is, could I apply to the court for abandoning our daughter and get his rights terminated? Thank you.
JA: Who currently has legal custody of the child?
Customer: I do, it was given to me at the hearing for the domestic violence protective order.
JA: Because family law varies from state to state, can you tell me what state this is in?
Customer: West Virginia
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not really, just about the likelihood of getting his parental rights terminated on the grounds of abandonment. Thank you.
Submitted: 8 months ago.
Category: Family Law
Expert:  Thelawman2 replied 8 months ago.

Hello, my name is ***** ***** I will be helping you today.

There are a few things you can do.

First, you can request that your husband consent to terminate parental rights pursuant to Section 49-4-607 of the W.Va. Code. That statute provides: An agreement of a natural parent in termination of parental rights is valid if made by a duly acknowledged writing, and entered into under circumstances free from duress and fraud. Where during the pendency of an abuse and neglect proceeding, a parent offers voluntarily to relinquish of his or her parental rights, and the relinquishment is accepted by the circuit court, the relinquishment may, without further evidence, be used as the basis of an order of adjudication of abuse and neglect by that parent of his or her children.

Customer: replied 8 months ago.
This termination of parental rights has to be voluntary, correct? What if he does not consent to that? Is there anything that I can do to get the court to sever his rights involuntarily? Or would that only be likely if he was extremely physically violent towards her with evidence (which he wasn't, just neglectful)?
Expert:  Thelawman2 replied 8 months ago.

Additionally, you can request that the court, during the divorce proceedings, to terminate the parental rights of your husband because it is in the best interest of your daughter. However, unless you can demonstrate that he was abusive, it is highly unlikely that his parental rights would be involuntarily terminated.

Customer: replied 8 months ago.
Okay, thank you so much.
Expert:  Thelawman2 replied 8 months ago.

You are welcome, please remember to provide positive feedback!

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