Parental Rights Restoration in Virginia: Age, Child Consent and Sibling Exceptions
Updated: Oct 10
Age and consent play specific roles in Virginia’s parental-rights restoration procedure. They should not be confused with a child’s preference in an ordinary custody dispute. Section 16.1-283.2 sets a general age requirement and particular exceptions, while preserving the other eligibility and court-review requirements.
The usual rule for children 14 and older
Subsection A ordinarily requires a child at least 14 years old and consent from both the child and the parent whose rights would be restored. The child must also meet the statute’s custody, placement, prior-adjudication, termination and permanency conditions. Age alone does not establish eligibility.
The younger-sibling exception
Subsection B allows the court to accept a petition involving a child younger than 14 when the child is a sibling of a child for whom a restoration petition has been filed and the younger child meets all other subsection A criteria. Having an older sibling does not by itself qualify the younger child.
A joint petition for a younger child
Another subsection B route permits the child’s guardian ad litem and local department of social services to file jointly. A private guardian is not the same as the child’s guardian ad litem, and a parent’s own petition is not a substitute for the statutory process. Obtain advice on how this exception applies to the particular child.
Approaching age 18
The court may accept a petition before the ordinary two-year period after termination expires if the child will turn 18 before that period ends and the court finds acceptance in the child’s best interest. Subsection K also addresses petitions filed before 18 that remain pending after the birthday. These are specific rules, not permission to disregard all timing requirements.
Respect the child’s participation
Do not pressure a child to consent or treat consent as a guarantee of restoration. Ask counsel and the guardian ad litem how the child’s wishes should be communicated. The court ultimately evaluates safety and best interests, including age, maturity, consent or preference, and the impact of restoration.
Sources and related guidance
For an assessment of your orders and circumstances, contact The Coastal Virginia Law Firm at 888-402-7117. We represent parents in Virginia Beach and Hampton Roads in custody and related family-law matters.
This article provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship.
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