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Legal Information: U.S. Virgin Islands

Custody

Updated: 
November 30, 2023

Under what circumstances can an abuser’s parental rights be terminated?

A petition to terminate parental rights may be filed by the Department of Human Services, the child’s guardian ad litem, or any “interested party,” which includes the child’s other parent.1 The judge can terminate the abuser’s parental rights if it is in the best interests of the child to do so and one of the following is true:

  1. the abuser has abandoned the child;
  2. the abuser has not cooperated with the Department of Human Services’ efforts to reunite parent and child;
  3. the child has been removed from the abuser’s home for more than six months and:
    1. the conditions that caused the child to be removed are still in place and likely to cause the child to be abused and neglected again;
    2. it is not likely that this situation will be fixed within 18 months to allow the child to safely return to the home in the near future; and
    3. the child has been in foster care or not in the physical custody of the abuser for 15 of the 22 most recent months and the abuser cannot prove that it is likely the child will be returned within 6 months;
  4. the abuser has been convicted of aggravated child abuse and neglect against the child or any of the child’s siblings or half-siblings, or any other child living in the home;
  5. the abuser has been convicted of the intentional and wrongful death of the child’s other parent or legal guardian;
  6. the abuser is unable to parent the child because of:
    1. emotional or mental illness; or
    2. drug or alcohol abuse;
  7. the abuser does not want, or cannot have, legal and physical custody of the child;
  8. the child would be in danger of substantial physical or emotional harm if placed with the abuser; or
  9. the abuser has given up parental rights or consented to the child’s adoption.2

In addition, the Department of Human Services is required to file a petition to terminate the abuser’s parental rights if:

  1. the child has been in a placement out of the home for 15 of the 22 most recent months;
  2. the abuser has:
    1. killed the child’s sibling or half-sibling;
    2. attempted, aided and abetted, solicited, or conspired to kill the child’s sibling or half-sibling; or
    3. committed felony assault that seriously injured the child or any sibling or half-sibling;
  3. the judge decides that the abuser has abused or neglected the child two or more times; or
  4. the child is removed from the abuser’s home within 18 months of returning after a previous out-of-home placement.3

The parental rights of the abuser may be terminated without affecting your parental rights.4 The judge may not terminate parental rights, however, if your child:

  • is 15 or older;
  • is sufficiently mature to have an opinion; and
  • objects to the termination of parental rights.5

1 5 V.I.C. § 2550(b), (c)
2 5 V.I.C. § 2550(c)
3 5 V.I.C. § 2550(d)
4 5 V.I.C. § 2550(b)
5 5 V.I.C. § 2550(f)