Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I am in the process of a divorce case that is pending in WV

Customer Question
which would decide child custody...
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: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 hour by:
11/12/2016
Family Lawyer: Thelawman2, Attorney replied 1 year ago
Thelawman2
Thelawman2, Attorney
Category: Family Law
Satisfied Customers: 1,735
Experience: Attorney-at-Law
Verified

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.

Ask Your Own Family Law Question
Customer reply replied 1 year 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)?
Family Lawyer: Thelawman2, Attorney replied 1 year 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.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Okay, thank you so much.
Family Lawyer: Thelawman2, Attorney replied 1 year ago

You are welcome, please remember to provide positive feedback!

Ask Your Own Family Law Question
Ask Thelawman2 Your Own Question
Thelawman2
Thelawman2
Thelawman2, Attorney
Category: Family Law
Satisfied Customers: 1,735
1,735 Satisfied Customers
Experience: Attorney-at-Law

Thelawman2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Husband comitted domestic violence against and was vetbal
Husband comitted domestic violence against and was vetbal abusive to my daughter. He is the only caregiver to our 5 year son would he be able to care for our son if an order of protection is filed aga… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Trying to file a motion I'm thevictim in a domestic violence
trying to file a motion I'm thevictim in a domestic violence case and there are many laws being broken iin this small town court house.. like my right in the state of rhode island speedy trial. the fa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
MY DAUGHTER was served a civil summons domestic violence An
mY DAUGHTER was served a civil summons domestic violence An Ex Parte order was issued against my daughter and she is to appear and answer the complaint. The allegations are false! Questions: Can chara… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
Child custody and child support. Nj. No I go into full
Child custody and child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Nj JA: Has anything been filed or reported? Customer: Yes JA: Anythi… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
I am about to file for child custody and child support I am
I am about to file for child custody and child support I am an unwed father in the state of California . My sons mother has made things quite difficult by not letting me see my son and Insists on rece… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
Can domestic violence case be reopened after few years. Ca.
Can domestic violence case be reopened after few years … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
It about Child Support vs visitation Court order when he
It about Child Support vs visitation Court order when he don't pay all the time .. … read more
Sue
Sue
Juris Doctorate
245 satisfied customers
I'm in a child custody and visitation situation with a
I'm in a child custody and visitation situation with a female. There was no relationship. The child is 1yrs old. I didn't know the child's name until the summons. I don't want any envolvement! I'm an … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We have a family law, child support question. North
No. We currently have a child custody agreement but it is dated and incomes have drastically changed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a family law question, child custody... Florida. I
I have a family law question, child custody... JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Florida JA: Have you talked to a lawyer yet? Customer… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Can a domestic violence judgemant be overturned with
can a domestic violence judgemant be overturned with evidence that conterdicts everything presented at trial … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have questions regarding family law and child custody.
i have questions regarding family law and child custody. … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
In a child custody visitation schedule, can a judge from
In a child custody visitation schedule, can a judge from Florida override a judge's decision in New Jersey when it clearly states in New Jersey that he is to have no unsupervised visitation. He lives … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I have been going through a domestic violence divorce for 4
I have been going through a domestic violence divorce for 4 years. I am bifurcated, however, the Maritial Seperation Agreement … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,265 satisfied customers
I am trying to figure out child custody for child support,
I am trying to figure out child custody for child support … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
I have a question about child custody and domestic violence
I have a question about child custody and domestic violence in the state of Montana … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x